HomeMy WebLinkAboutCC 1983-11-18 Minutesr
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I
COMMISSION
MINUTES
OF MEETING HELD ON November 18, 1983
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
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ITEM NO.I P b Z =CT NOVEMBER 18, 1983
1 FIRST READING ORDINANCE. INCREASE APPROPRIATION FOR
THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE
OF PARTIALLY FUNDING AN ASSISTANT DIRECTOR POSITION,
MANAGING FUNCTIONS OF THE DEPARTMENT AND DIRECTING ALL
SPECIAL PROJECTS ASSOCIATED WITH GRANTS, ETC.
2 ALLOCATE A SUM NOT TO EXCEED $20,000 IN SUPPORT OF THE
SALESMEN ASSOCIATION OF THE STATE OF FLORIDA, II INTER-
AMERICAN CONFERENCE OF SALESMEN TO BE HELD DECEMBER 14,
15 AND 16.
3 ACCEPT BID PESTONIT LANDSCAPING AND NURSERY CITYWIDE
COMMUNITY DEVELOPMENT TREE PLANTING PHASE III.
4 MOTION OF INTENT TO REMOVE THE AREA ZONED PURELY RESI-
DENTIAL IMMEDIATELY NORTH OF 17TH ROAD ALONG BISCAYNE
BAY KNOWN AS "POINT VIEW" FROM THE D.D.A. DISTRICT.
5 EMERGENCY ORDINANCE. APPROPRIATIONS ORDINANCE FOR THE
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1984.
6 AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS FOR TWO REPRE-
SENTATIVES OF THE COMMISSION AND ADMINISTRATION TO GO TO
CALI, COLOMBIA, IN CONNECTION WITH THE SYMPOSIUM ON THE
CALI. MIAMI SISTER CITY PROGRAM.
7 AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE NOT TO
EXCEED $892, P.T.A. OF LOYOLA SCHOOL, CHRISTMAS SHOW,
NOVEMBER 22 AT GUSMAN HALL.
8 ACCEPTING SUBMISSION OF THREE ADDITIONAL NOMINEES IN
CONNECTION WITH THE COMMISSION'S SELECTIONS OF MEMBERS
FOR "DESIGN AND REVIEW COMMITTEE" TO EVALUATE
TIME/TEMPERATURE DISPLAYS TO BE LOCATED THROUGHOUT THE
CITY.
9 DEFER CONSIDERATION OF FIRST READING ORDINANCE CONCERNING
THE APPLICATION OF HERITAGE CONSERVATION DESIGNATION TO THE
SEARS TOWER.
10 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3001-3099 N.W. 19TH AVENUE FROM RG-2/4 TO RC-2/6.
11 REVERSE DECISION OF THE ZONING BOARD WHICH GRANTED A
CONDITIONAL USE FOR RECONSTRUCTION OF AN AMOCO OIL
STATION LOCATED AT 2301 S.W. 22ND STREET.
12 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
11-0-1198 NW 54TH STREET AND 5201-5399 NW. 12TH
AVENUE FROM PD-HC/7 TO CR-2/7.
13 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
2815-2851 SW 22ND TERRACE FROM RG-1/3 TO CR-2/7.
14 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
3225-27-29 DARWING STREET FROM RG-2/5 TO RO-3/6.
15 SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
69-131 N.E. 51ST STREET, 70-112 N.E. 52ND STREET, 67-85
N.E. 52ND TERRACE AND 64-70 N.E. 53RD STREET FROM RS-2/2
AND RG-1/3 TO RG-3/5.
PAGE # 1
1NANC
so tloE,3o PAGE N0,
FIRST READINGI 1-2
R-83-1066 1 2-4
R-83-1067 1 5-7
M-83-1068 1 7-8
ORD. 9745 1 8-10
M-83-1069 1 10-12
M-83-1070 1 12-14
83-1071 1 14-17
M-83-1072 1 17-19
IRST READINGI 19-26
R-83-1073 1 26-34
ORD. 9746 1 34-35
ORD. 9747 1 35-36
ORD. 9748 1 36-37
ORD. 9749 1 37-38
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ITEM NO., P 6 Z MCT NOVEMBER 18, 1983
16
17
18
19
20
21
22
23
24
25
26
I
27
28
29
SECOND READING ORDINANCE. TEXT AMENDMENT ARTICLE 15,
SPECIAL PUBLIC INTEREST DISTRICT, ADDING A NEW SECTION
15110 SPI-11, COCONUT GROVE RAPID TRANSIT DISTRICT.
SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
2810 TO 28-40 S.W. 27TH AVENUE AND 2727-2901 S.W. 28TH
TERRACE FROM RG-215, RG-2.1/4, CR-2/5 AND SPI-3 TO THE
PROPOSED SPI-11, COCONUT GROVE RAPID TRANSIT DISTRICT.
SECOND READING ORDINANCE. APPLY HC-4, COM]NIERCIAL AREA
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE SALVATION
AR11Y CITADEL.
REVERSE DECISION OF THE ZONING BOARD AND UPHOLD THE
APPEAL FOR A VARIANCE THAT HAD BEEN GRANTED BY THE
ZONING BOARD LOCATED AT 3639 N.E. MIAMI PLACE.
RESOLUTTION ELECTION AND REAPPOINTING RALPH G. ONGIF AS
THE CITY CLERK OF THE CITY OF MIAMI, FLORIDA.
A RESOLUTION GRANTING AN 8% COST OF LIVING INCREASE TO
RALPH G. ONGIE CITY CLERK, EFFECTIVE OCTOBER 2, 1983.
A RESOLUTION ELECTING AND REAPPOINTING JOSE R. GARCIA-
PEDROSA AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA.
A RESOLUTION GRANTING AN 8% COST OF LIVING INCREASE TO
THE CITY ATTORNEY, JOSE R. GARCIA-PEDROSA, EFFECTIVE
OCTOBER 2, 1983.
A RESOLUTION GRANTING AN 8% COST OF LIVING INCREASE TO CITY
MANAGER, HOWARD V. GARY EFFECTIVE OCTOBER 2, 1983.
DISCUSSION ITEM CONCERNING A BID SUBMITTED BY PESTONIT
FOR LANDSCAPING SERVICES.
SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
4295-4299 WEST FLAGLER STREET AND APPROXIMATELY 1-99
NW. 23RD AVENUE FROM PD-HC/7 TO CR-2/7.
SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
2230-2298 SW. 27TH AVENUE AND 2700-2754 SW. 22ND TERRACE
FROM PD-HC/7 TO CR-2/7.
SECOND READING ORDINANCE. CHANGE ZONING CLASSIFICATION
2230-2298 SW. 27TH AVENUE AND 2700-2654 SW. 22ND TERRACE
FROM PD-HC/7 TO CR-2/7
SECOND READING ORCINANCE. AMENDMENT TO ORDINANCE 9534
CAPITAL IMPROVEMENTS APPROPRIATION ORDINANCE INCREASE
APPROPRIATION FOR SELECTED ONGOING CAPITAL PROJECTS, AND
ESTABLISH APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENTS
PROJECTS.
PAGE # 2
REsouutt alol PAGE NO,
ORD. 9750 38-39
ORD. 9751 39-40
ORD. 9752 40-41
R-83-1074 41-48
R-83-1075
48-49
R-83-1076
50-52
R-83-1077
52-53
R-83-1078 54
R-83-1079 55-58
DISCUSSION 59
ORD. 9753 60
ORD. 9754 61
ORD. 9755 62
ORD. 9756 62-63
0 9
ITEM NO.
43
C1TYrCOMi1SSiff FfAF & D4
P & Z .7mcT NOVEMBER 18, 1983
30 FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION
700-898 NW. 57TH AVENUE AND 5701-5819 NW. 7TH
STREET FROM PD-HC-/7 TO CR-2/7.
31 DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF A
FIRST READING ORDINANCE FOR CHANGE OF ZONING PROPERTY
BOUNDED BY I-95, S.W. 15TH ROAD, S.W. 17TH ROAD AND
SW. 2ND COURT FROM RS-2/2 AND RG-2/5 TO CR-2/7
(SEE LATER SAME MEETING).
32 VACATE AND CLOSE ALLEY BOUNDED BY NW. 19TH STREET, NW.
14TH AVENUE AND WAGNER CREEK.
33 GRANT EXTENSION OF TIME FOR CONDITIONAL USE TO CITY
NATIONAL BANK OF MIAMI, 25 NW. MIAMI COURT AND 25
WEST FLAGLER STREET.
34 GRANT EXTENSION OF TIME FOR VARIANCES CITY NATIONAL BANK
OF MIAMI COURT AND 25 WEST FLAGLER STREET.
35 REVIEW OF VARIANCE PREVIOUSLY GRANTED TO PERMIT
ALTERATIONS ADDITIONS TO APARTMENT TO HOTEL OFFICE COMPLI
LOCATED AT 801 SE. BAYSHOIE DRIVE KNOWN AS "FOUR
AMBASSADORS".
36 ACCEPT PLAT - "GENESIS SUBDIVISION".
37 CONTINUED DISCUSSION AND AGAIN TEMPORARY DEFERRAL OF
CONSIDERATION OF CHANGE OF ZONING PROPERTY BOUNDED BY
I-95, SW. 15TH ROAD, SW. 17TH ROAD AND SW.2ND COURT
FROM RS-2/2 AND RG-2/5 TO CR-2/7. (SEE LATER SAME
MEETING).
38 FORMALIZING RESOLUTION ALLOCATING $98,144. OF FY
83-84 FEDERAL REVENUE SHARING FUNDS TO PREVIOUSLY
APPROVED SOCIAL SERVICE AGENCIES FOR THE PERIOD FROM
DECEMBER 1, 1983 TO DECEMBER 31, 1983, 1/12 TH FUNDING.
39 BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION
OF FORMALIZING RESOLUTION REGARDING $175,000 FULL YEAR
FUNDING FOR MARTIN TECHNICAL COLLEGE.
(SEE LATER SAME MEETING).
40 FIRST READING ORDINANCE.CHANGE ZONING CLASSIFICATION
PROPERTY BOUNDED BY I-95, SW. 15TH ROAD, SW. 17TH
ROAD AND SW. 2ND COURT FROM RS-2/2 AND RG-2/5
TO CR-2/7. (SEE EARLIER SAME MEETING).
41 GRANT REQUEST MADE BY REPRESENTATIVES OF SUNSTREET
FESTIVAL COMMITTEE FOR VARIOUS WAIVER OF PERMIT FEES
AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT
NOT TO EXCEED $3,000 IN CONNECTION THEREWITH.
4 BRIEF DISCUSSION ITEM, COMMISSIONER DAWKINS OFFICIALLY
MAKING PART OF THE PUBLIC RECORD THE FACT THAT HE IS
ABSTAINING FOR THE FUNDS TO THE MARTIN TECHNICAL
COLLEGE.
FORMALIZING RESOLUTION ALLOCATING $175,000 IN FEDERAL
REVENUE SHARING FUNDS BY 83-84 TO MARTIN TECHNICAL
COLLEGE.
PAGE # 3
Doi RESOLUTION PAaE ND,
RST READING 1 63-64
FIRST READING 1 64-68
R-83-1080 1 68-70
R-83-1081 1 70-71
R-83-1082 1 72
R-83-1083 72-74
R-83-1084 74
DISCUSSION 1 75-83
R-83-1085 1 83-84
DISCUSSION 1 84-87
FIRST READIN4 87-91
M-83-1086 1 91-92
DISCUSSION! 193
R-83-1087 ! 93-95
Z-
ITEM ND.
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CI NUffI OF ANtI; �r DA PAGE # 4 Fri
P & Z NOVEMBER 18, 1983 INMCE
SmcT SOUM ON 1 o PAGE NO,
APPROVE IN PRINCIPLE AS A PERMITTED USE PORTIONS OF
SIDEWALKS, 'PUBLIC RIGHT OF WAYS FOR THE PURPOSE OF
DISPLAYING GOODS AND WEARS WITH CONDITIONS.
DIRECT CITY CLERK TO IMF EDIATELY PROCEED TO READVERTISE
AVAILABLE ZONING AND PLANNING ADVISORY BOARDS POSITIONS
WITH THE APPOINTMENT TO TAKE PLACE AT THE JANUARY 12, 1984
CITY COM!,lISSION MEETING.
FIRST READING ORDINANCE. REPEAL SECTION 62-50 ENTITLED:
"REAPPOINTMENT" OF CHAPTER 62 ENTITLED: "ZONING
AND PLANNING" REMOVING LIMITATIONS UPON THE LENGTH
OF SERVICE THAT MAY BE PERFORMED BY INDIVIDUALS.
SECOND READING ORDINANCE. ORDINANCE TEXT AMENDMENTS
TO 9500 AMENDING ART. 20, GENERAL AND SUPPLEMENTARY
REGULATIONS.
FIRST READING ORDINANCE. ORDINANCE NO. 9500
TEXT AMENDMENT AMENDING ART. 15. SPECIAL PUBLIC
INTEREST DISTRICTS, SECTION 1570, SPI-7, 7.1, 7.2
1571, 1572, -1573.1576, 1577, 1578.
FIRST READING ORDNANCE. TEXT CHANGE ORDINANCE 9500.
AMENDING ART. 20 "GENERAL AND SUPPLEMENTARY REGULATIONS",
SUBSECTION 2003.6.
FIRST READING ORDINANCE. AMENDING CHAPTER 17, ENTITLED
"ENVIROMENTAL PRESERVATION" BY CLARIFYING LANGUAGE, FEES
AND PROCEDURES FOR TREE REMOVAL, ETC.
DISCUSSION ITEM CONCERNING FUTURE POSSIBLE CHANGES IN
THE LAW REGULATING POLITICAL SIGNS.
SECOND READING ORDINANCE. TO CHA14GE ZONING CLASSIFICATION
CUCUSA,INC. SEAPLACE REALTY INVESTMENTS, N.V., AND POINT
VIEW TOWERS OF CURACAO, INC. LOCATION 185 S.E.
R-83-1088
95-96
M-83-1089
96-97
FIRST READING
97-98
ORD. 9757
I
99-101
(FIRST READING( 101-103
FIRST READING 1 103-105
IRST READING 1 105-106
DISCUSSION 1 106-107
M-83-1090 108-124
M-83-1091
M-83-1092
ORD. 9758
f
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 18th day of November, 1983, the City Commission
of Miami, Florida, met at its regular meeting place in the
City Hall, 3500 Pan American Drive, Miami, Florida in regu-
lar session.
The meeting was called to order at 9:40 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Demetrio Perez, Jr.*
Commissioner Joe Carollo
Commissioner J. L. Plummer Jr.
Vice -Mayor Miller J. Dawkins.
Mayor Maurice A. Ferre**
ALSO PRESENT:
Howard V. Gary, City Manager
Jose R. Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
*arrived 9:42 A.M.
**arrived 9:50 A.M.
An invocation was delivered by Howard Gary who then led
those present in a pledge of allegiance to the flag.
1. FIRST READING ORDINANCE - INCREASE APPROPRIATION FOR
THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE
OF PARTIALLY FUNDING AN ASSISTANT DIRECTOR POSITION,
MANAGING FUNCTIONS OF THE DEPARTMENT AND DIRECTING ALL
SPECIAL PROJECTS ASSOCIATED WITH GRANTS, ETC.
------------------------------------------------------------
Mr. Gary: Mr. Vice -Mayor, and members of the Commission, I
have before you an ordinance that attempts to correct an
omission in the budget during the budget process and the
minimize the impact of this, we are abolishing one position
and we are correcting the creation of another position, and
this is in the Department of Economic Development, which is
going to be one of the top priorities of the City for the
next two years. The position totals about $38,000, and all
we need is $19,000 to put that position back in that was
inadvertently omitted, and we are going t o abolish another
position to offset that cost.
Mr. Plummer: Move it.
Mr. Carollo: Second.
Mr. Dawkins: It has been moved and seconded, further dis-
cussion?
Mr. Plummer: Is this an ordinance, or is this a resolution?
Mr. Garcia -Pedrosa: It is an ordinance.
Mr. Plummer:
read it.
ld
If it is an ordinance, then you will have to
01
11/18/83
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NUMBER 9684, ADOPTED SEPTEMBER
29, 1983, ANNUAL APPROPRIATIONS ORDI-
NANCE FOR FISCAL YEAR ENDING SEPTEMBER
30, 1984, BY INCREASING THE APPROPRIA-
TION OF THE GENERAL FUND FOR THE DEPART-
MENT OF ECONOMIC DEVELOPMENT IN THE
AMOUNT OF $19,009, AND BY DECREASING THE
APPROPRIATION FOR SPECIAL PROGRAMS AIJD
ACCOUNTS CONTINGENCY FUND IN THE LIKE
AMOUNT FOR THE PURPOSE OF PARTIALLY
FUNDING AN ASSISTANT DIRECTOR POSITION
WHO WILL ASSIST THE DIRECTOR OF THE
DEPARTMENT IN MANAGING THE DAILY ADMIN-
ISTRATIVE FUNCTIONS OF THE DEPARTMENT;
DIRECTING ALL SPECIAL PROJECTS ASSOCIAT-
ED WITH GRANT FUNDING; ASSIST IN DEVEL-
OPING NEW BUSINESS STARTS IN THE COMMU-
NITY DEVELOPMENT TARGET AREAS, AND
PERFORM OTHER RELATED DUTIES AS AS-
SIGNED, CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Carollo and was passed on its first reading by
title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
NOES: None
ABSENT: Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
2. ALLOCATE A SUM NOT TO EXCEED $20,000 IN SUPPORT OF THE
SALESMEN ASSOCIATION OF THE STATE OF FLORIDA, II INTER-
AMERICAN CONFERENCE OF SALESMEN TO BE HELD DECEMBER 14,
15 AND 16.
------------------------------------------------------------
Mr. Gary: The second item, Mr. Vice -Mayor and members of
the Commission, is a request that City Commission asked me
to bring back an evaluation of, and that is the Second
Inter -American Conference of Salesmen. Last year this event
was held and according to Staff was very successful. It at-
tempts to bring Latin-American salespersons to Miami to meet
with Miami salespersons to establish international trade.
They requested $35,000. We are recommending $20,000 for
this particular event. It would be a appropriate ...
Mr. Carollo: Howard, that is fine, the only question that I
have, and if you will recall, I made the motion for them
last year for the $20,00-0 grant they received, is do they
have a certified audit of last year's grant by the City?
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7 9
Mr. Gary: Yes, sir, we do.
Mr. Carollo: There is a certified audit?
Mr. Gary: Yes.
Mr. Carollo: Okay, and you stipulate that everything is in
order.
Mr. Gary: Yes, sir.
Mr. Carollo: Very good.
Mr. Plummer: I think it would be in order that you forward
a copy of that audit to Mr. Carollo.
Mr. Gary: Yes, we will do that.
Mr. Plummer: You move it, Joe?
Mr. Carollo: What I would like to see from now on, if we
could Howard, is that before we take up all these items and
organizations that we give grants to, if we could always,
before taking it up to vote or discussion, get copies of the
certified audits that they have before hand. I move.
Mr. Plummer: Second.
Mr. Dawkins: It has been properly moved and seconded that
we grant the salesmen their request.
Mr. Plummer: As recommended by the Manager.
Mr. Dawkins: As recommended by the Manager. Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 83-1066
A RESOLUTION ALLOCATI14G THE SUM OF
$20,000 FROM SPECIAL PROGRAMS AND AC-
COUNTS, CONTINGENT FUND, IN SUPPORT OF
THE SALESMEN ASSOCIATION OF THE STATE OF
FLORIDA'S II INTER-AMERICAN CONFERENCE
OF SALESMEN TO BE HELD DECEMBER 14, 15,
AND 16, 1983 IN THE CITY OF MIAMI.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
NOES: None
ABSENT: Mayor Maurice A. Ferre
Mr. Ernesto Fernandez: My name is Ernesto Fernandez. I am
the secretary of the Salesmen Association of the State of
Florida and I am going to be the next president for 1984-85.
ld 03 11/18/83
in
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We thank you so much for the grant of $20,000. As a matter
of fact, last year with the same amount of money we had to
add $6,000 from the Association fund., and at the end we had
a deficit of $4,000, as the reason is that transportation,
hotels and meals are higher, and we asked for an amount of
$35,000 that we think would cover the big event. You know
the purpose is to shake hands with Latin speaking salesmen
of America and to make the City of Miami international
center of finances. We would appreciate it if you revise
the situation so we can get the amount of money that we
asked for, $35,000.
Mr. Gary Mr. Vice -Mayor, and members of the Commission, I
think that it is important that this City Commission act as
a catalyst for international trade, but I would like to
remind you to that we are talking about private enterprise,
and as a catalyst, I think it is important that the private
sector uses us as an initial catalyst with the aim toward
phasing us out of the funding requirement to have such an
affair, and I think that it is important that we recognize
our catalyst role, but the same time recognize the responsi-
bility of the private sector to do more than there share, or
do as much as their share in this particular instance,
therefore I would recommend against any increase for this
particular function, particularly in view of all the other
crisis that we have with regards to parks and public works
in our rightaways.
Mr. Perez: What is the minimum amount that you need in
order to fill that need?
Mr. Fernandez: Well, the only thing we can cut that to
around $30,000. That we can do. We will check the figures.
By the way, our budget was $35,000.
Mayor Ferre: Well, as I understand it, Humberto and you and
I talked yesterday - you said that $20,000 was acceptable,
and that you had no problems with that, so now, what is
going on now?
Mr. Gary: We thought the $20,000 was adequate too, particu-
larly in view of the fact that we are going to be ...
Mayor Ferre: Well, I asked Humberto specifically, right
here where Cesar is standing and he said (COMMENTS IN SPAN-
ISH)
Mr. Plummer: Well, $20,000 felt so good, $30,000 would feel
a little better.
Mayor Ferre: Is there a motion?
Mr. Plummer: We have already passed the $20,000
Mayor Ferre: Oh, I am sorry. I didn't understand. Are we
all right then?
Mr. Dawkins: He was requesting that we consider, but we ...
Mr. Plummer: He wanted ...
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11/18/83
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3. ACCEPT HID PESTONIT LANDSCAPING AND NURSERY CITYWIDE
COMMUNITY DEVELOPMENT TREE PLANTING PHASE III.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -----------------------------
Mr. Dawkins: Do you have another pocket item, Mr. Manager?
Mr. Gary: The next item, Mr. Mayor, and members of the
Commission, is a resolution accepting the bid of Pestonit
Landscaping and Nursery Incorporated for Citywide Community
Development tree planting. The firm has asked that their
bid be withdrawn. It is the Administration's position, and
you have a memo before you, that the bid be accepted, that
we sit down and discuss the merits to their appropriate
process in terms of whether a mistake was actually made and
that that decision will be based on established criteria
that would allow them to withdraw the bid, if that is the
case. We would recommend that the City Commission accept
this bid at this particular point in time.
Mr. Plummer: Mr. Mayor Mr. Pestonit came to see me and
expressed to me that on this particular bid, that he had
made a mathematical honest error. It was my understanding
that we could possibly could pull this item, or pull this
bid. I spoke with Mr. Gary, and he said to keep the integ-
rity of the bidding system, that what we will have to do is
to accept the bid, then send it to the Manager, who will
make a determination as to whether or not it was an over-
sight or things of that nature. The other alternative is to
throw out all bids and rebid and Mr. Gary seems to have some
very serious problems with that, and I can understand that.
It is my understanding from the Manager, that if the man
does demonstrate that it was an honest mistake, that he has
the capability of absolving the situation. Now, you under-
stand that, sir? Is this your counsel? Do you understand,
sir?
Mr. Larry Livey: I understand what you just said, yes, sir.
Mr. Plummer: Okay, now, do you have any questions?
Mr. Livey Yes, sir. My name is Larry Livey, representing
Pestonit - 171 N. E. 6th Avenue, Miami. The only question
that we have is one, whether you are going to accept the bid
and not make the award. As I understand it, your proposal
is not to make the award at this point - the award of the
contract.
Mr. Plummer: Mr. Gary?
Mr. Gary: We are going to accept the bid and make the
award, and that is where we start the process.
Mr. Plummer: Okay, the whole thing ... well, let's put it
all on top of the table. The whole thing that is his con-
cern, and I can understand, is the performance bond. Now,
you know, I just honestly feel that if it was a mistake that
was made, and honest mistake - the man doesn't want to lose
his reputation. He doesn't want to lose of course, the
$40,000. Are you saying to me and to this Commission that
if you do have a finding that it was an honest mistake, that
it will not jeopardize his bond?
Mr. Gary: That is correct.
Mayor Ferre: That does solve it completely?
Mr. Livey: No, I believe that the bonding company would
have maybe a different opinion as to that, because if you
.^a
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46
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A
were to accept the bid and make the award, you are going to
have a default situation and we would ask that procedurally,
that you would defer the matter and not make the award -
accept the bid and make the determination as to the mistake.
Mr. Dawkins: But if the bonding company h&s to pay anybody,
it would be us, because we requested they pay us. If the
City Manager and his Staff determine that it was an honest
mistake and we do not want to penalize anybody, then we do
not request the bond. I mean, am I right or wrong, Mr.
Gary?
Mr. Gary: Yes, there is a process, and you know, we are in
court now in terms of our process, and the process would be
that we would accept the bid we would award it. Obviously
the attorney is here now. He is taking exception to that.
The bonding company will too. That initiates the negotia-
tion process, and in that negotiation process, we determine
whether or not he made a legitimate error and if he did, we
negotiate it out.
Mr. Livey: There is one other item, if I may be heard for
just a second. It has to do with whether or not the mistake
itself was open and obvious, and as such, if the mistake is
open and obvious, and we have one where the second low
bidder is approximately 40% over the first low bidder.
There is such a large disparate mistake and there is a body
of case law to the effect that where the mistake is open and
obvious such as that, that it would be improper to accept
the bid, to take advantage of the bidder.
Mr. Plummer: You have never been around here when we open
bids! Okay, I think Mr. Gary understands what this Commis-
sion is trying to do. I think he will work with you and I
will follow his recommendation and make a motion to accept
the resolution as presented.
Mayor Ferre: Is there a second?
Mr. Perez: Second
Mayor Ferre: Further discussion?
Mr. Gary: Under discussion, Mr. Mayor, just for the record,
in the memorandum from Mr. Cather to Mr. Alverez and my
Staff dated November 17, 1983, the last paragraph says
"Obviously Pestonit did make a mistake in his bid and it
only needs to be determined whether or not the mistake made
meets all the criteria for allowing him to withdraw his
bid." We have got to make sure we go through that proc-
ess, so we are going to treat him fairly.
Mayor Ferre:
roll.
ld
Okay, further discussion. All right, call the
Ei
11/18/83
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 83-1067
A RESOLUTION ACCEPTING THE BID OF
PESTONIT LANDSCAPING AND NURSERY, INC.
IN THE PROPOSED AMOUNT OF $88,360, TOTAL
BID OF THE PROPOSAL, FOR CITY WIDE
COMMUNITY DEVELOPMENT TREE PLANTING -
PHASE III, WITH MONIES THEREFOR ALLOCAT-
ED FROM THE FEDERAL COMMUNITY DEVELOP-
MENT BLOCK GRA14T FUND IN THE AMOUNT OF
$88,360 TO COVER THE CONTRACT COST;
ALLOCATING FROM SAID FUND THE AMOUNT OF
$11,487 TO COVER THE PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF
$19767 TO COVER THE COST OF SUCH ITEMS
AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
140ES: None
ABSENT: None
4. MOTION OF INTENT TO REMOVE THE AREA ZONED PURELY RESI-
DENTIAL IMMEDIATELY NORTH OF 17TH ROAD ALONG BISCAYNE
BAY KNOWN AS "POINT VIEW" FROM THE D.D.A. DISTRICT.
------------------------------------------------------------
_ Mayor Ferre: I have an item here from the D.D.A. I under-
stand that Mr. Kenzie - Mr. Kenzie, would you step forward?
Did you talk to the ...
Mr. Plummer: Mr. Mayor, I think it would only be proper
that this does affect Point View North in which Janet Cooper
is a representative ...
.� Mayor Ferre: Well, we are taking care of this right now.
That is what I am going to do.
Mr. Plummer: Oh, put it off until 6:00 o'clock?
Mayor Ferre: No, no, listen to me. If this passes, this is
a motion of intent to remove the area zoned purely residen-
tial immediately north of 17th Road along Biscayne Bay known
as Point View, from the boundaries of the D.D.A. district
and instructing the Administration to schedule the necessary
public hearings to accomplish this. Is there such a motion?
qj7
Id 11/18/83
0
Mr. Carollo: Yes, there is. There is a motion.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Is there further discussion? If not, call the
roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 83-1068
A MOTION OF INTENT OF THE CITY COMMIS-
SION TO REMOVE THE AREA ZONED PURELY
RESIDENTIAL IMMEDIATELY NORTH OF 17TH
ROAD ALONG BISCAYNE BAY KNOWN AS "POINT
VIEW" FROM THE BOUNDARIES OF THE DOWN-
TOWN DEVELOPMENT AUTHORITY DISTRICT;
FURTHER INSTRUCTING THE CITY MANAGER TO
SCHEDULE THE NECESSARY PUBLIC HEARING IN
ORDER TO ACCOMPLISH SAME.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
5. EMERGENCY ORDINANCE - APPROPRIATIONS ORDINANCE FOR THE
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1984.
------------------------------ I• -----------------------------
Mayor Ferre: Now the thing before us is the D.D.A. budget
as amended, reducing the total tudget request to $1,022,849
and reducing total professional services to $83,460.
Mr. Plummer: So moved.
Mayor Ferre: This represents a total budget reduction of
$21,302, which is the amount of tax revenues that would be
produced by the area excluded, in other words, by the Point
View area that has been excluded. It has been moved. Is
there a second?
Mr. Perez: Second.
Mayor Ferre: Now, this has to come back now...
Mr. Kenzie: It is ready to go, the City Attorney has the
Emergency Ordinance with him.
Mayor Ferre:
this?
Id
Mr. City Attorney, are yo« ready to move on
09
11/18/83
9
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: Are you all set on this?
Mr. Dawkins: I have an objection, but not enough to hold up
the bid. I just have an observation to make.
Mayor Ferre: J. L.? All right, we have a motion and a
second. Would you read the motion as amended? Oh, I am
sorry ...
Mr. Dawkins: The only problem I have with your budget is,
the request that you be the lone sign -off. I have a problem
with that. I think that anything that you do should be put
out for bid and should come to the Manager's office. That
is just my personal opinion.
Mr. Kenzie: We do go out for bid on everything that we do.
Mr. Dawkins: Yes, but according to what you sent me, it
said that you would have the authority to be the lone sign -
off. Now, that is the memo I got, and I've got a problem
with that, but other than that, I am prepared to vote.
Mr. Kenzie: In terms of contracts, after we go through the
procedure and bid and go through my board, at the end of all
of that I sign the contract as the chief executive of the
Authority.
Mr. Gary: Just to eliminate any concerns, by law he has to
go through his board. I think probably what could happen
is, after he signs the contract, that copies could be given
to the City Commission.
Mayor Ferre: Fine. I have no objections to that. All
right, any further discussion? All right, read the ordi-
nance.
Ali ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE MAKING APPROPRIA-
TIONS FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1984;
AUTHORIZING THE DIRECTOR OF THE DOWNTOWN
DEVELOPMENT AUTHORITY TO INVITE OR
ADVERTISE FOR BIDS FOR THE PURCHASE OF
ANY MATERIAL, EQUIPMENT OR SERVICE
EMBRACED IN THE SAID APPROPRIATIONS FOR
WHICH FORMAL BIDDING MAY BE REQUIRED
PROVIDING THAT THIS ORDINANCE SHALL BE
SUPPLEMENTAL AND IN ADDITION TO THE
ORDINANCE MAKING APPROPRIATIONS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1984
FOR THE OPERATION OF THE CITY OF MIAMI,
FLORIDA; PROVIDING THAT IF ANY SECTION,
CLAUSE OR SUBSECTION SHALL BE DECLARED
UNCONSTITUTIONAL, IT SHALL NOT AFFECT
THE REMAINING PROVISIONS OF THIS ORDI-
NANCE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Perez, for adoption as an emergency measure
and dispensing with the requirement of reading same on two
separate days, which was agreed to by the following vote-
ld 09 11/18/83
46
16
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Whereupon the Commission on motion of Commissioner
Carollo and seconded by Commissioner Perez, adopted said
ordinance by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9745
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
f
Mr. Gary: Mr. Mayor, the tax bills have gone out. Dade
County is going to require those people to pay the money. I -
avuld suggest for the City Commission's sake that Mr. Kenzie
have a meeting with north - south Brickell Avenue people and
let them know what the intent is, and the way I understand it is, once they go through the process, they will get
credit to their bills after they have been paid, so you
won't come back with the heat later on.
Mayor Ferre: That is very good, and I think you ought to
put it in writing and you ought to send it to each taxpayer
in that area so that they have a document that explains the
procedure.
Mr. Kenzie: Okay, we will notify the property owners.
6. AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS FOR TWO REPRE-
SENTATIVES OF THE COMMISSION AND ADMINISTRATION TO GO TO
CALI, COLOMBIA, IN CONNECTION WITH THE SYMPOSIUM ON THE
CALI - MIAMI SISTER CITY PROGRAM.
_ Mayor Ferre: You know, we have got this Sister City trip to
Cali, Colombia. All right, we need - these people are
dedicating a whole plaza and a fountain and naming it after
Miami and it a major thing in our Sister City, which is your
Sister City - you are the author of the whole thing,
Plummer. Now we have got to have representation down there.
You say you can't go?
Mr. Plummer: I cannot.
Mayor Ferre: Well, can another member of the Commission go
to Cali, Colombia? Miller?
10
Id 11/18/83
■
16
11
Mr. Dawkins: Well, I was going to the League of Cities. If
J. L. is going to the League of Cities, I will go there.
Mr. Plummer: No, I can't go to either one. I went and
made a commitment to my brother that he could he could take
off, and that is where I am in a bind.
Mayor Ferre: All right, Mr. Manager, let me do it this way.
Would somebody offer a motion that two representatives of
the City Commission and two representatives of the Admini-
stration represent the City at this dedication and we will
get together as to who it is.
Mr. Gary: I am only sending one.
Mayor Ferre: Well, you don't have to send anybody from the
Administration if you don't want to. That is something that
we will decide later on.
Mr. Gary: It is August 27.
Mayor Ferre: I think the dates are, if I recall, you would
go on Friday, the day after Thanksgiving. If I go, I can
only go for one day, so I would go Sunday, and come back
Monday.
Mr. Plummer: Monday, I think is the actual day.
Mayor Ferre: The dedication is at 11:00 o'clock in the
morning Monday, so my plans are that I would go Sunday and
return Monday afternoon. Let me read to you what the tele-
gram says:
"In the name of the City of Cali and of our people
and our government, it is that we are happy to extend
to you and members of the City an invitation so that
you will honor us with your presence during the days =
28th through the 30th of November, when we will cele-
brate a symposium of the Cali - Miami Sister City
and the symposium to be officiated by the Association
of the Inter -American Press Association and sponsored
by the three major newspapers of the City of Cali,
The Chamber of Commerce of Cali and the people that
will represent the government of both Cali and Miami.
During the acts that will be undertaken, there shall be
a prominent place, in part of the City of Cali. One if
its major plazas and fountains will be renamed as a
symbolic gesture of fraternity and friendship. At these
acts, the Governor and all the top authorities of the
State will be present. We are hoping that we will
count on your presence those persons that will represent
the City of Miami to help augment the strong ties of
friendship between the two cities, and we expect to have
confirmation of those that will be arriving, with the
names of those that will be present during the dedica-
tion ceremony."
All right, is there a motion, then?
Mr. Plummer: So moved.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
11
ld
11/18/83
1b
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 83-1069
A MOTION OF THE CITY COMMISSION AUTHOR-
IZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE THE NECESSARY FUNDS IN ORDER
THAT TWO REPRESENTATIVES OF THE CITY
COMMISSION AND TWO REPRESENTATIVES OF
THE ADMINISTRATION MAY GO TO CALI,
COLOMBIA IN CONNECTION WITH A SYMPOSIUM
ON THE "CALI - MIAMI SISTER CITY PRO-
GRAM" TO BE HELD NOVEMBER 28-30, 1983 ON
WHICH OCCASION A PLAZA AND FOUNTAIN
SHALL BE NAMED AFTER MIAMI.
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
7. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE NOT TO
EXCEED $892, P.T.A. OF LOYOLA SCHOOL, CHRISTMAS SHOW,
NOVEMBER 22 AT GUSMAN HALL.
Mr. Perez: The P.T.A. Association was here the other day.
She is requesting a waiver for ...
Mayor Ferre: Mrs. Navarro, you have gotten up very quickly.
We still have a quorum, go ahead.
Mrs. Susie Penley: I am not Mrs. Magda Navarro. She is ill
today. My name is Mrs. Susie Penley and I live at 8950 S.
W. 9th Terrace in Miami. I am here representing the P.T.A.
of Loyola School. For the past three years, the parents of
the children of Loyola School have donated their time, money
- and effort to help organize and present a Christmas Show
where approximately 300 students have participated. This
show has been held at the Gusman Cultural Center in the City
of Miami. We do not charge admission and the doors of the
Cultural Center are open to general public of the City of
Miami. This show will take place this year on the evening
of December 22nd. In the past, all the expenses have been
absorbed by money collected through advertising for the
Christmas show program, and from private donations. Because
of the economy ...
Mayor Ferre: All right, let's see if we can cut through
this. Joe, this is Loyola School, is that it?
Mrs. Penley: Right.
Mayor Ferre: And it is $892 waiver of fee - this is a
P.T.A., so this doesn't go to the coffers of the school,
right?
12
ld
11/18/83
0
Mrs.
Penley:
Pardon?
Mayor
Ferre:
In other
words, you are not making money on
this,
right?
Mrs.
Penley:
No, we do
not.
Mayor
Ferre:
It is not
a money making venture.
Mrs.
Penley:
No, we are
not.
Mr. Carollo: The only thing that I would like to establish
for the record is, that this portion of the students that go
there live in the City of Miami. That is correct, right?
Mrs. Penley: They do live in the City of Miami - some of
them ...
Mr. Carollo: Most of the students are from Miami, just
establishing that for the record.
Mayor Ferre: The answer to that was "yes".
Mr. Gary: But the school is located other than the City of
Miami.
Mayor Ferre: Well ...
Mr. Carollo: A lot of the students that go there reside in
the City of Miami, that is correct?
Mrs. Penley: They reside in the City of Miami.
Mr. Carollo: We understand that not all of them, but a lot
of them do. Based on that, that a lot of the students that
go to the school reside in the City of Miami, I move the
motion.
Mr. Perez: And also that I would like to clarify in accor-
dance with what you told me, you plan ;o invite a lot of low
income students from all different, public and private
schools, no? That is what you told me, that you made a
commitment to invite at least 200 students of low income
level. That is what you told me.
Mrs. Penley: This is a show that is open to the public to
anyone that wants to come.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 83-1070
A MOTION AUTHORIZING A14D DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $892 PURSUANT TO A REQUEST
FROM THE P.T.A. OF LOYOLA SCHOOL IN
CONNECTION WITH A CHRISTMAS SHOW TO BE
HELD ON NOVEMBER 22, L983 AT GUSMAN
HALL, IN ORDER THAT THEY MAY COVER THE
USE FEE INVOLVED FOR USE OF THE FACILI-
TY, SUBJECT TO THE P.T.A. ASSOCIATION
INVITING 200 LOW-INCOME STUDENTS TO
SAID SHOW, AS OFFERED BEFORE THE CITY
COMMISSION ON THIS DATE.
13
ld 11/18/83
L�
0
Upon being seconded by Commissioner Perez, the
motion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
THEREUPON THE CITY COMMISSION WENT INTO A BRIEF
RECESS at 10:12 AM, RECONVENING AT 10:38 AM, with
all members of the Commission found to be present.
8. ACCEPTING SUBMISSION OF THREE ADDITIONAL NOMINEES IN
CONNECTION WITH THE COMMISSION'S SELECTIONS OF MEMBERS
FOR "DESIGN AND REVIEW COMMITTEE" TO EVALUATE
TIME/TEMPERATURE DISPLAYS TO BE LOCATED THROUGHOUT THE
CITY.
Mr. Gary: Mr. Mayor, you asked at the last meeting that we
bring back the item with regard to the street clocks. We
have that matter and we can resolve it very quickly. Mr.
Sergio Rodriguez would like to talk to that matter.
Mayor Ferre: All right, Mr. Rodriguez.
Mr. Sergio Rodriguez: In a meeting last Wednesday, Commis-
sioner Dawkins asked to have the names of two Black profes-
sionals to be recommended by the different associations to
be included in the selection committee. The names that we
are submitting to you today are Mr. Jimmie Allen from the
American Institute of Architects and Mr. Elbert Waters of
the American Planning Association. Both of them are Black
professionals. They are in addition to the names that you
have in that memo.
Mayor Ferre: I don't have that item before me, so if you
have a copy of the names? All right, in the American Plan-
ning Association, and then we have the group of architects
and interior designers. I don't know any of these people.
Does anybody have any preference to any one?
Mr. Charles Hadley: Mr. Chairman.
Mayor Ferre: Yes, sir.
Mr. Hadley: I would like to know very much where these guys
live? .Has he submitted the names this morning to you?
Mayor Ferre: Tell me again.?
Mr. Hadley: Can you give me the names and the places they
live within the City of Miami?
Mayor Ferre: The new names that have been proposed are
Elbert Waters and Jimmie Allen. Those are the two that we
have.
Mr. Hadley: Give me the names, addresses in the City of
Miami!
ld
14
11/18/83
Mayor Ferre: I don't have Mr. Water's address in the City
of Miami. He is a project manager of the Opa Locka Communi-
ty Development Corporation.
Mr. Hadley: Give me the names and addresses of the people
that live in the City of Miami ... and you are getting ready
to appoint.
Mayor Ferre: The second, American Institute of Architect is
Mr. Jimmie Allen.
Mr. Hadley: Give me the names and addresses!
Mayor Ferre: Mr. Hadley, I cannot give you the name any
more than three times. Now, I will do it one more time and
I think by that time I am sure you will understand. Jimmie
Allen - J-i-m-m-i-e A-1-1-e-n.
Mr. Hadley: I got you the first time! You haven't answered
my last question.
Mayor Ferre: I don't have the answer to the last question.
Mr. Hadley: Give me the man's address in the City of Miami.
Mr. Dawkins: I move for the appointment of Mr. Jimmie
Allen.
Mayor Ferre: All right, we have ...
Mr. Hadley: I am not talking about the office.
Mr. Plummer: Well, Miller, it would be appropriate, I think
if we appoint - what is there, a total of three?
Mr. Rodriguez: A total of three, one from each one of the
groups?
Mr. Plummer: You nominate Allen? Well, I don't have any
preference, Mr. Mayor.
Mayor Ferre: I think we ought to get somebody with a Span-
ish name, so Albert Perez, from the American Planning Asso-
ciation - do you know him, Sergio?
Mr. Rodriguez: Yes, sir.
Mr. Plummer: You recommending him?
Mayor Ferre: Is he reasonable?
Mr. Plummer: All right.
Mayor Ferre: All right, and then in the American Society of
Interior Design, does anybody have a preference there? We
better get a woman. How about Jean M. Booth, who lives in
Miami?
Mr. Plummer: I move those three names.
Mr. Dawkins: Second.
Mayor Ferre: Do you know - does somebody know Mrs. Booth.
Mr. Rodriguez: I know Miss Peggy Dawson.
Mayor Ferre: Tell me again.
ld
15
11/18/83
F
Mr. Rodriguez: I know Peggy Dawson, but I don't know Miss
Booth.
Mayor Ferre: Well you - Peggy Dawson ...
Mr. Rodriguez: Well, he is not in Miami, through.
Mr. Plummer: You recommend Peggy Booth?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Gary: We will get the addresses and get them back to
you Mr. Hadley.
Mayor Ferre: Mr. Hadley, we will get you the addresses
right away.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: Albert Perez, Jimmie Allen and does anybody
know Peggy Dawson?
Mr. Plummer: He says he does and he recommends her.
Mr. Rodriguez: We have worked with her in some committees.
Mayor Ferre: You recommend her over Jean Booth?
Mr. Plummer: No, he says he does not know Jean Booth.
Mr. Rodriguez: Not particularly, I know her, that is all I
can tell you.
Mayor Ferre: Well, look we need to make a decision. Does
anybody here, does the audience know any of these people? -
Mr. Plummer: I will nominate Peggy Dawson.
Mr. Dawkins: That is the three we have.
Mayor Ferre: All right, those are the three names. Further
discussion? Moved by Miller Dawkins. Plummer do you sec-
ond?
Mr. Plummer: Yes.
Mayor Ferre: Further discussion? We will get you the
addresses, Mr. Hadley, right away. Call the roll.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 83-1071
A MOTION OF THE CITY COMMISSION ACCEPT-
ING THE SUBMISSION OF THREE ADDITIONAL
NOMINEES IN CONNECTION WITH THE COMMIS-
SION'S SELECTION OF MEMBERS TO A "DESIGN
AND REVIEW COMMITTEE" WHICH WOULD EVALU-
ATE TIME/TEMPERATURE DISPLAYS TO BE
LOCATED THROUGHOUT THE CITY; SAID NAMES
BEING AS FOLLOWS:
1. JIMMIE ALLEN (minority nominee)
2. ELBERT WATERS It if
3. PEGGY DAWSON it to
AND FURTHER APPOINTING SAID INDIVIDUALS
TO THE ABOVE REFERENCED COMMITTEE.
16
ld 11/18/83
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
9. DEFER CONSIDERATION OF FIRST READING ORDINANCE CONCERN-
ING THE APPLICATION OF HERITAGE CONSERVATION DESIGNA-
TION TO THE SEARS TOWER.
Mayor Ferre: All right, we will take up Agenda Item Number
14.
Ms. Joyce Meyers: Mr. Mayor, my name is Joyce Meyers, I am
representing the Planning Department who is the Applicant on
this item. We have reached an agreement with Sears, where
we are jointly asking this Commission to vote today to send
the item back to the Planning Advisory Board for further
study and to set a date for the return of the Planning
Advisory Board report on January 26th.
Mr. Plummer: Sears is agreeable to that?
Mr. Robert Traurig: For the record, Robert H. Traurig, 1401
Brickell Avenue. The answer is "yes", we agree with that
procedure.
Mr. Gary: Mr. Mayor, members of the Commission, I would
prefer that Mr. Traurig, as representative of the firm would
make that request unilaterally and abstain or hold the City
harmless for any future concerns that people may raise with
regard to their ability sell their property. I guess what I
am saying is, I want to remove any liability from the City
in the future.
Mr. Traurig: Well, the presentation was made by the Plan-
ning Department because it was the applicant here. With
regard to some kind of commitment from Sears that it would
not hold the City responsible for any lawsuits that it may
sustain by the delay, I make that unconditional commitment
on behalf of Sears.
Mayor Ferre: All right, now are we ready to move on this?
Mr. Gary Yes.
Mayor Ferre: This is an ordinance on First Reading.
Mr. Gary: No, take it back to the P.A.B.
Mr. Plummer: Take it back to P.A.B.
Mayor Ferre: Take it back to the P.A.B. Is that the mo-
tion?
Mr. Gary: Yes.
1'7
ld
11/18/83
1 0
Ms. Meyers: And to set a date for return report on January
26th.
Mayor Ferre: Okay, is there a motion?
Mr. Carollo: Motion,
Mayor Ferre: All right, is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Commissioner Perez. Further discus-
sion? Call the roll on Item Number 14.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION 140. 83-1072
A MOTION DEFERRI14G CONSIDERATION OF
FIRST READING ORDINANCE C(.NCERNING THE
SEARS, ROEBUCK AND CO. (ATLAS CHANGE)
AND DIRECTING THE CITY MANAGER TO SEND
THIS ITEM BACK TO THE PLANNING DEPART-
MENT FOR FURTHER STUDY; FURTHER PLACING
INTO THE PUBLIC RECORD MR. ROBERT
TRAURIG'S UNCONDITIONAL COMMITMENT, AS
COUNSEL FOR SEARS, ROEBUCK AND CO., TO
HOLD THE CITY OF MIAMI HARMLESS AS TO
ANY COMPLAINT THAT MAY ENSUE AS A CONSE-
QUENCE OF THE ABOVE ACTION.
Upon being seconded by Commissioner Perez, the
motion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner J. L. Plummer, Jr.
ON ROLL CALL:
Mr. Plummer: I am voting "no". The reason I am voting "no"
is this is exactly the warning that I gave the day that we
instituted this ordinance. I think it is strangling, or
doing away with the owner's right to do with his property as
he sees fit. Mr. Traurig, for my information, sir, this has
now been going on about how long, from the time of the
Sears inception problem until today? About seven or eight
months?
Mr. Traurig: Probably longer, sir.
Mr. Plummer: Okay, I am voicing ... I am glad the two of
you got together. As I have said before and I will say
again, I want to do everything humanly possible to preserve
a part of the history of Miami, but in no way will I ever
vote to strangle or withhold the right of free enterprise.
I think it is wrong. I think this motion today just re -
enforces what I said before, that it was going to be nothing
more than a way in which they would slow this process down,
hold a man at ransom. I am sorry, but I cannot vote for the
ordinance.
ld 1s 11/18/83
Mr. Carollo: J. L., I am in agreement with what you have
said, but Mr. Traurig, correct me if I am wrong. Haven't
the present owners come to an agreement with the City's
Planning Department?
Mr. Traurig: We have come to an agreement with the Planning
Department with regard to the process, not with regard to
the ult:;;ate result, and we appreciate Mr. Plummer's feel-
ings about the right to private property owners to make
decisions regarding the uses of those properties, but we
think that the best interest of all concerned would be
served by a delay which would result from it going back to
the Planning Advisory Board.
Mr. Carollo: In other words, you are in favor of the ordi-
nance that is here today. I am in favor of the motion to
defer, and refer it back to the Planning Advisory Board.
Mr. Plummer: Mr. Carollo, mine is just a vote of protest.
I have no problem with it going back. It is just that I
was, from the beginning.
10. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION
3001-3099 N. W. 19TH AVENUE FROM RG-2/4 TO RC-2/6.
Mayor Ferre: Take up Agenda item 15. This is the Zoning
Atlas on First Reading. Mr. Hadley, as I understand it, the
Florida Conference of the Seventh Day Adventist Church and
Rainbow Association - your problem with this is the name,
right?
Mr. Charles Hadley: No! My problem is not only the name.
My problem is the name, and also is the people - we are
buying this man's house, and this project will be named the
Charles Hadley Garden, and that was left completely off.
And we have been working on this thing now for about three
years, and it is about time that we move it up where it has
been to where we will go. this is all I have to say.
Mayor Ferre: This is a request for an atlas change, I mean
a zoning atlas amendment.
Mr. Hadley: You have there. The Zoning Board has passed it
twice.
Mayor Ferre: From RG-2.4 to RG-2.6.
Mr. Hadley: The Zoning Board has passed it twice. The
only objection they had has been Mr. Whipple's.
Mayor Ferre: The Zoning Board approved it 5 to 0. The
Department recommends denial of the question.
Mr. Hadley: That is Mr. Whipple.
Mayor Ferre: All right, hold off for a moment, Uncle
Charlie. Let's get the presentation. All right, Mr.
Whipple.
Mr. Richard Whipple: Mr. Mayor and members of the Commis-
sion. the Planning Department did recommend denial of this
item. Our concern was that we did not have a similar type
intensity in the surrounding area to justify the request for
the RG-2.6. We do have abutting the property an RG-2.5-
which was our recommendation, so we did recommend part of
19
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6 0
the change, but we do not have the support we felt necessary
to change it to an RG-2.6.
(INAUDIBLE BACKGROUND COMME14TS NOT PLACED INTO THE PUBLIC
RECORD)
Mayor Ferre: Is there anything else you want to add?
Mr. Whipple: No, sir.
Mayor Ferre: All right, now, we are talking about the
petition, so we will hear from the representatives of the
petitioners.
Mr. Mark Valentine: Good morning, Commissioners. My name
is Mark Valentine. I am the attorney for the proposed
developer of this project, a limited partnership, entitled
Rainbow Associates Limited. What we have proposed to do is
construct a low to moderate income HUD sponsored 5 story
elderly project on this site. The way the property is
currently zoned would not allow for us to construct the
project or the density that we need. What we are asking for
is a change of zoning from RG-2.4 to RG-2.6. I have with me
today Ron Frazier from Ron Frazier and Associates. His firm
has dz)ne the architectural rendering for us and they are
also doing the other consultant work for us, as well.
Mayor Ferre: All right, Mr. Frazier, would you briefly
describe the increase in density that you are requesting
here and why it is necessary?
Mr. Ronald Frazier: Yes, the basis problem is this, that
the allotment from HUD is for 150 units senior citizen
units, and the project is called Hadley Gardens. The basis
issue is this. On the RG-2.4, the F.A.R. would not allow us
to get 150 units.
Mayor Ferre: What is the F.A.R. in .4?
Mr. Frazier: .4, it is .49.
Mayor Ferre: And what would it be under .6?
Mr. Frazier: It would be 1.1, I think. I don't have before
me.
Mayor Ferre: F.A.R.?
Mr. Frazier: F.R.R.
Mayor Ferre: Whipple, are you listening to all of this?
Mr. Whipple: I believe it is 1.21.
Mr. Frazier: 1.21.
Mayor Ferre: Go ahead.
Mr. Frazier: All right, the basic thing is this. .49
F.A.R. would only allow us to get something like 48 units,
and if you are familiar with the Federal Government allot-
ment of the senior citizen units, they come in blocks - in
100 units, in 120, 150, which would prevent us from building
the 150 units. What we would need is an F.A.R. of 1.08,
which allows to build a 5 story building. Now, in terms of
height, scale, and density..
Mayor Ferre: 5 stories?
ld
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11/18/83
fr
Mr. Frazier: 5 stories. In terms cf the height of adjoin-
ing buildings within an area, as you are aware, there are
three HUD projects that are...some 3 towers that are much
higher than 5 stories in that particular area, so in terms
of the building being compatible with the surrounding area
in terms of height and things like that, it would be compat-
ible. In terms of all of the other requirements on RE-2.4,
we have met all of the height, the yard requirements, open
space, livability, and those kinds of items. The only thing
that was needed was an F.A.R. that would allow the 250
units.
Mayor Ferre: All right, further questions from the Commis-
sion?
Mr. Dawkins: Mr. Whipple.
Mayor Ferre: Mr. Whipple, your name was pronounced, and I
think you recognized it.
Mr. Dawkins: They requested triple the density, and I
understand you are recommending against this, am I right?
Mr. Whipple: Yes, sir, we had recommended the Sector 5.
Mr. Dawkins: Sector 5 means what?
Mr. Whipple: Which is one less than the 6 that they are
requesting, as far as points go.
Mr. Gary: Let Mr. Whipple tell you what exists, what their
recommending, and what this group is asking for, because I
think you need to see those last two figures.
Mayor Ferre: What exists is .49. What they are asking is
1.21, and you are recommending what?
Mr. Whipple: .%5.
Mr. Dawkins: Okay, go ahead, Mr. Whipple.
Mayor Ferre: Now, how many apartments can be built with
.75?
Mr. Whipple: About 75, which means it would not get the
Federal allotment.
Mr. Dawkins: Go ahead, mr. Whipple.
Mr. Whipple: That is correct - yes, sir.
Mr. Dawkins: That is all ... I mean, you are going to let him
speak for you, is that what you are saying?
Mr. Whipple: Yes, sir, he is working at the calculations
and I didn't have the calculations worked out for Sector 5
right now.
Mr. Dawkins: But, you would still recommend against the 150
units?
Mr. Whipple: We are recommending against the Sector change
to .6, which the 150 units.
Mr. Dawkins: Mr. Whipple, in plain English, are you recom-
mending that we not allow them to build 150 units? Is that
all I am asking you, sir - yes, or no?
Mr. Whipple: No, sir. I am recommending the requested
change of zoning. We are not talking about concept plans.
1 d 21
11/18/83
0 6
We are not talking about plans. We are talking about con-
cepts, but that is not what is before us today. It is the
zoning change of a Sector 5, 6.
Mr. Gary: What he is saying to you...
Mr. Dawkins:
regardless of
what they put
Mr. Gary No.
Hold
it, no,
no, Mr. Gary. Hold
it. Then,
what
I vote
on here, it has no
bearing on
there.
That
is what he is telling
me!
Mr. Plummer: When you change the zoning, you do not bind
them to do anything, okay? Now, if they had a plan before
you, you could tie that plan to the change and their worth,
but once you change zoning, tomorrow morning they can decide
they want to do differently, and do whatever they want
within that zoning code, and that is what he is saying to
you, that he is opposed to.
Mr. Dawkins: Thank you.
Mr. Gary: If I may, Mr. Mayor, I just want to clarify one
thing for Mr. Dawkins. He is not against the 150 units.
Everybody wants housing. What he is saying is, he is making
a decision solely on zoning, first of all. Secondly, I
think, in terms of the elderly housing, in terms of the
zoning, whether or not they will put elderly housing once it
is rezoned - in my discussions with the gentlemen who are
proposing this project, is that they are willing to provide
a covenant, if I recall, voluntarily, that this land will
only be used for elderly housing.
Mr. Dawkins: mr. Gary, that is not my problem, and I am
just like J. L., we all have pet peeves and my pet peeve is
taking land and doing more with it than you are supposed to
do with it, that is my problem.
Mr. Gary: No, no, I...
Mr. Dawkins: And if you tell me that this piece of land is
only suitable for 48 units? That is my problem! No, no,
no! See, I don't care who wants to put 150 on it. If you
tell me that the land is only suitable for 48 units and you
want to put triple that on it, I have a problem with it, and
that is my personal problem. That is all I am saying.
Mr. Gary: I wasn't arguing for it, I was trying to explain,
basically, the concern that you had, in terms of how you
respond to your question, that is all. But , in terms of
Commissioner Plummer's question, I was trying to explain
that to get around his problem, they will voluntarily cove-
nant.
Mr. Dawkins: Okay, and I am getting ready to tell you I
don't care what they volunteer, that I am not in favor of
putting 150 units where you are only zoned to put 48, that
all I am telling you.
Mayor Ferre: Okay, other questions?
Mr. Mark Valentine: Yes, Mr. Mayor, if I may add a little
bit, just to give you some background in that area, the
property that we are purchasing is currently owned by the
Seventh Day Adventist Church. There is a school there
called the Greater Miami Academy. They are in the process
of selling approximately 6 acres of the land. We have a
contract to purchase approximately 2;5 acres of the area that
we want rezoned. Immediately adjacent to that area in the
southeast corner of that project, which is Tract A, there
nn
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r
0
are three, I believe 10 to 12 story elderly towers there
now. It is a cylinder shaped building. They are adja-
cent ....
Mr. Dawkins: (INAUDIBLE COMMENT)
Mr. Valentine:.... just immediately south of our project.
Mr. Dawkins: No, no way! No way! Not immediately south -
that is all the way down to 17th Street.
Mr. Valentine: No, I am sorry, it is not. Where Mr.
Whipple is pointing, there are 3 cylinder towers there now,
about 10 stories tall, ----- 18 stories tall, next to that,
just south of our projects, where it says "public housing",
there are some more elderly projects there. They are one
story projects, and the blue area indicates the school, so
basically, the only things that are on that project now are
the school, which is being sold, the three 18 story, elderly
housing towers, and the one story public housing, elderly
project as well. So, what we are proposing to do is do a
project that consistent with what is in the area. I am
going to give you some background on our HUD application.
The Federal Government allocated HUD funds for this project
about two years ago, two and one-half years ago. We have an
allocation of 150 units. Our application is contingent on
our receiving adequate zoning. Our purchase of this proper-
ty is also contingent on the zoning. Obviously, if we don't
get the zoning, the project can't be built. It is a project
that your staff, the Community Development project, has
found a need for. There is a need for elderly housing in
this area, and again, what we are asking for is something
that is consistent with the surrounding area.
Mr. Frazier: I'd like to just add one concluding comment,
and I think the issue boils down to this - the R.4 would
only allow us .49. The R.5, F.A.R. is .75, something in
that nature. the project as designed, is 1.08, which is
still under the .6, but it is higher than the .5. In terms
of all the other requirements, in that ordinance, in terms
of open space, parking, livability, recreation, the whole
bit, we have even met the R.4 requirements, which is much
more stricter than R.6. Will not be able to build the 150
unit allotment from the Federal Government, unless we have
the .6 classification. That is what the basic bottom line
is. Now, we have agreed to put a covenant within the land
so that it is only used for senior citizen housing. The
application is being processed by HUD at this point and the
key to a success or failure is whether not we can get the
.b classification. They will not give us an allotment for
75 units. That is the other key. They will not give us an
allotment for 50 units. The allotment is for 150 to Dade
County. It was allotted 2 years ago and it has taken this
long to find a tract within the City of Miami City limits to
build this. We cannot build it in Dade. It is tied to this
particular area.
Mr. Dawkins: The only thing I have to say, Mr. Frazier, is
we are (Mr. Gary, I want you to hear this) acquiring land -
UDAG grant and money for affordable housing. In my opinion,
affordable housing will go there just as well as senior
citizen housing. That is just my personal opinion. That is
all I have to say, Mr. Mayor.
Mayor Ferre: All right, are we ready...
Mr. Frazier: Can I ask one question for clarification?
Mayor Ferre:
ld
Yes, you can.
23
11/18/83
fr
0 &
Mr. Frazier: Since the discussion is boiling around 2.6,
would exceed the norm within that area, is it possible to
get .5 and an exception on the F.A.R.? Because that is the
only thing that allows us to build this 150 units, which
keeps the zoning within compatibility.
Mayor Ferre: Ron, let me ask you a question. This is
Section 8 housing?
Mr. Frazier: Yes, it is a Section 8 allocation, and we are
doing...
Mayor Ferre: Has the allocation been made?
Mr. Frazier: The allocation has been made.
Mayor Ferre: Who are the owners of the corporation?
Mr. Frazier: Okay, Garth Reeves; Mr. Haley is a limited
partner. George H. Green is also a limited partner. Mr.
Reeves' corporation is a general partner and we have two
other partners who have a minority interest. They are
Robert and Maxwell Stifers from Yonkers, New York.
Mayor Ferre: All right, now, the question is that the grant
has been made and as far as I am concerned, I am ready to
vote on this thing. Yes, sir?
Mr. Gary: Mr. Mayor, if I understood what Mr. Frazier was
saying, is that he wanted a change in zoning to RG-2.6, but
that he would give a voluntary covenant that would limit the
F.A.R. only to 1.08....
Mayor Ferre: That's fine!
Mr. Gary: .... as opposed to 1.21.
Mayor Ferre: That's fine.
Mr. Gary: Is that what you were saying?
Mr. Frazier: Yes.
Mayor Ferre: That is voluntary? Would you have your attor-
ney say it?
Mr. Valentine: We will submit a covenant to that effect.
Mayor Ferre: This is voluntary on your client's part, is
that right, Mr. Valentine?
Mr. Valentine: Yes, it is.
Mayor Ferre: Is there further discussion? Is there a
motion, then with that covenant volunteered?
Mr. Valentine: It is a voluntary covenant to restrict the
development F.A.R. to 1.08.
Mayor Ferre: Okay, is there a motion? Do you want to add
something?
Mr. Sergio Rodriguez: Yes, sir. Under discussion, the
F.A.R. of 1.8 has also other ratios as to open space and so
on that relate to it in the table of the book and we want to
make sure that the F.A.R. and the other ratios relate to
each other.
Mr. Frazier:
ments.
ld
Okay, we exceed all of those other require -
24
11/18/83
Mr. Rodriguez: I want to make sure.
Mr. Frazier: Yes, we exceed all of those other require-
ments.
Mayor Ferre: We are going to have another similar situation
this afternoon next to the Expressway and the Pantry Pride,
that has a relationship to this, okay?
Mr. Hadley: Mr. Chairman...
Mayor Ferre: We are about to vote, unless you want to add
something that might disrupt the voting procedure. Do you
want to say something?
Mr. Valentine: I just want to clarify, the covenant is for
F.A.R. 1.08, I think the man had indicated 1.8.
Mayor Ferre: 1.08.
Mr. Valentine: Yes, sir.
Mayor Ferre: Got you. All right, are we ready to vote on
this?
Mr. Hadley: I would like this 1.08.
(INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC
RECORD)
Mayor Ferre: You really want to talk? You want to talk?
Mr. Hadley: I want to talk.
Mayor Ferre: All right, fine, Mr. Hadley. You go ahead and
do it.
Mr. Hadley: Mr. Chairman and members of this great Board,
after serving so many years on the Little HUD Board, we have
a backlog of 30,000 senior citizens looking for a place to
stay, and this is one of the things that we need in Dade
County. I don't have, my friends, the vote, but I don't
have no reason to doubt why the Seventh Day Adventist Church
is moving out of that area. If you look around in that
area, you wil_ find Fascell Tower, Malcom "X" Tow-
er. Aronovitz Tower, the Three Towers, and the Fascell
Tower..it is seven stories and one right back of where are getting ready
to build is thirteen stories, the three towers, so we have got
about 4-proiects which will be related to each other, which
- will be serving the same purpose and they are serving aii
over this town. I am speaking as a member of the Little HUD
Board individually, awaiting this of 30,000 people and
housing is needed. We have been on the waiting list here
with the dog wagging its tail for almost three years
and anvthinQ that vougood gentlemen on this commit-
tee that can do to help stop this dog from wagging its tail,
chasing this rabbit. I don't know what Mr. Whipple has
against building this project, because if HUD builds them,
it is regardless of race, or creed or color. I want Mr.
Whipple to know that.
Mayor Ferre: All right, sir, thank you. Are we ready now
for a motion? Anybody want to make a motion?
Mr. Carollo: Mr. Mayor, I would like to make a motion that
we approve the changes that need to be made for the units
that have been requested here.
Mayor Ferre: Does that include the voluntary covenant?
25
ld
11/18/83
0
0
Mr. Carollo: Well, they are volunteering that, I am sure.
Mayor Ferre: Yes, sir. Okay, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion on Item 15? All right,
read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NUMBER 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA
BY CHANGING THE SECTOR NUMBER ONLY FROM
APPROXIMATELY 3001 TO 3099 N. W. 19TH
AVENUE, MIAMI, FLORIDA, MORE PARTICULAR-
LY DESCRIBED HEREIN FROM RG-2 SECTOR 4,
GENERAL RESIDENTIAL TO RG-2 SECTOR 6,
GENERAL RESIDENTIAL BY MAKING FINDINGS
AND MAKING ALL THE NECESSARY CHANGES ON
PAGE NUMBER 19 OF SAID ZONING ATLAS MADE
A PART OF ORDINANCE NUMBER 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300 THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Plummer and was passed on its first reading by
title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Vice -!Mayor Miller J. Dawkins
ABSENT: None
ON ROLL CALL:
Mr. Dawkins: I vote "no" I follow the recommendations of
Staff, that is why I vote no.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
11. REVERSE DECISION OF THE ZONING BOARD WHICH GRANTED A
CONDITIONAL USE FOR RECONSTRUCTION OF AN AMOCO OIL
STATION LOCATED AT 2301 S.W. 22ND STREET.
Mayor Ferre: We now have Item Number 18, which is the Amoco
Oil Company and Mr. Rabinowitz says he has to be in Court,
we we are taking it out of turn.
Mr. Plummer: Are the owners of the station here?
Mayor Ferre: All right, we are now on Item 18. All right,
this was continued from September 29th and October 27th
meeting. The Planning Department recommended approval of
the request. The Zoning Board granted it 5 to 0, subject to
certain conditions, so therefore, the Appeal is of the
26
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16 0
Objectors, so we need to hear the Appellant first, right?
We need to hear from you, Mr. ...
Mr. David Rabinowitz: Thank you. My name is David
Rabinowitz, 2443 S. W. 20th Street. We went before the
Zoning Board and we pleaded that the Amoco Station should
remain as is. If they want to beautify it, fine. What is
happening now, after living in the same house, same neigh-
borhood for forty years, I've got about one hundred fifty
signatures brought in - people living within the area where
the station is serving. What Amoco wants to do now is make
it strictly a self-service station. For a long time, this
has been station where they serve you with repairing your
cars, giving you self-service, then they put in self-service
and full service, so you can have it both ways. Now, they
want to take away the full service, take away the repairing
mechanical parts, and put a convenience store in there.
Seven blocks away on Coral Way, and around 29th, they al-
ready have done that. Further down the line, there is a
Seven -Eleven store. There is a Farm Store. There are
plenty of convenient places. What will happen to the people
who are handicapped, who want to come out and strictly be
served by a self-service station. I think if they want to
beautify it and make it beautiful the way they said they
would, they can plant bushes and plant trees, whatever they
want to do, but leave both services. Unless they have a
strong argument for it, this is what I would like to do.
Mayor Ferre: Now, Mr. Rabinowitz, are you representing
yourself on this?
Mr. Rabinowitz: Myself and 150 citizens within the area. I
have brought petitions in, all signed.
Mayor Ferre: I see, okay. All right.
Mr. George Banta: My name is George Banta. My address is 1
North Charles Street, Baltimore, Maryland.
Mayor Ferre: You are representing Amoco Oil?
Mr. Banta: I am the Project Attorney for Amoco Oil. First
of all, let me thank the Board for postponing the October
meeting. I had just gotten my wife out of the hospital and
it was impossible for me to make it, and I do appreciate
your accommodation. In answer to Mr. Rabinowitz, I have
here a map showing the location with the bright red dot. I
am sorry that I do not have a little larger dots, but the
green dots show Amoco Certicare. The black dots show full
service stations. I will read those addresses. The
Certicare stations are 1601 S. W. 37th Street, which is this
one, 433 N. W. 42nd Avenue, and 1377 S. W. 8th Street.
These green dots have guaranteed repairs. The black dots
are full service stations where the ...
Mayor Ferre: I can't see that far. I don't know whether
you can but you are pointing at a map and I don't know what
you are talking about.
Mr. Banta: As you know, gentlemen, the bottom line in any
business is profit. Our study shows that this location will
return our company a greater profit in the mode which we
propose. The gentlemen may receive full service within a
block at an Exxon Station. Now, I hate to send customers to
an Exxon Station, but,it is available. It is my understand-
ing of the ordinance that we can do what we want to do by
merely closing the bays and installing it. We would much
rather build a new facility which would increase the tax
base, beautify the area, etc. In regard to the handicapped,
I believe that there is a Florida ordinance which indicates
ld 27 11/18/83
i 0
that even in self-service locations a handicapped person
will be given full service at the same price. I would like
to reserve any other time I might have for ...
Mayor Ferre: I will give you some additional time, Counsel-
or. All right, Mr. Rabinowitz.
Mr. Rabinowitz: Mr. Banta, now, what I would like to know
is, how are you going to give full service to the handi-
capped, if the station is run by one person in a cage.
Mr. Banta: In most instances ...
Mr. Rabinowitz: No, not most! In this station you are
going to have one person in a cage, is that right?
Mr. Banta: Not necessarily, sir.
Mr. Rabinowitz: What will you have there?
Mr. Banta: There are presently 20 people employed there,
some of them part time. It is our proposal, and Mr. Arturo
Mendez is here. He is the Territory Manager. It is the
dealer's proposal to have more than one person there at a
given time. It will be open 24 hours a day, and Mr.
Dawkins, there will be as many jobs there in the mode which
we propose as there are right now.
Mayor Ferre: Do you have a copy of the design? Mr. Mendez,
do you have a copy of the design? ... of what the garage is
going to look like?`
Mr. Banta: It is already on file, sir.
Mayor Ferre: It is on file, okay.
Mr. Banta: Yes, sir, and has been approved.
Mayor Ferre: In effect, the choice is between leaving it as
it is and your closing off the bays, or tearing it all down
and starting up over again and building a new garage.
Mr. Banta: Building it - no, it will be a brand new unit,
sir. It will have a mini -convenience store, everything
under a canopy.
Mayor Ferre: I understand. Okay, any questions from mem-
bers of the Commission?
Mr. Rabinowitz: Mr. Mayor, may I ...
Mayor Ferre: No, no. You are not a member of the Commis-
sion. I am just saying if there is any member of the Com-
mission has a question, then I will recognize you right
after that.
Mr. Carollo: What bothers me on the one hand is, I hate to
be placed in a situation where we are dictating to private
enterprise what they can do or can't do with their property.
On the other hand, what we are dealing here with to a cer-
tain degree, a monopoly, we are seeing more and more that
the average owner of a single gas station is being phased
away, muscled away by the big oil corporations. They are
taking over what is left of the individual private owners of
these stations. And the bottom line of why I am seeing that not
only Amoco, but all the other big oil dealerships are going
to these new systems where you have one guy in a cage is for
bigger profits for them. Let's not kid ourselves With all
due respect when you say that the same amount of jobs are
going to be kept there, I can't see how mathematically
ld 28 11/18/83
0 &
possible that is. Even thought I don't want to really get
into that issue, because it is really irrelevant, at least
on the service, why we should make a decision here today,
but the area does have a need for a full service station.
There are a lot of individuals, not only women, that don't
want to have to get out of their car. Maybe they are not
familiarized enough, or maybe for safety reasons, a lot of
women don't want to have to get out of their cars and put
their own gas in the tank. I understand you could go ahead
and with that present structure, just remodel it and go
ahead and do as you please. I think that we have a respon-
sibility to the citizens of Miami and I for one am leaning
towards just having them do as they so please according to
the law with the way that present structure is. Maybe, just
maybe they might even see the light, and for once, give the
citizens a break, instead of looking so darn much at making
another buck for the company, but I think what we are facing
here is just not this particular gas station, but it is the
whole concept of what is happening to our whole state, what
is happening to our whole nation and where the oil monopo-
lies are heading to.
Mr. Banta: May I clarify one thing for you, sir. This
location will be operated by an independent businessman.
Our comt,.any does not operate any stations in the City of
Miami. They are all owned, or the business itself is owned
and operated by a private individual with whom we have a
lease. So, it the profit not only goes to the big bad oil
company. It also goes to a citizen of Miami.
Mr. Carollo: But, the type of lease that you will have now,
either the so-called individual owner accepts what is thrown
to him, or else he is not an individual owner anymore, so
therefore what is happening is, that they don't have the
liberty anymore to really be a full individual owner in
every sense.
Mr. Banta: I would call your attention to Title 15 of the
United States Code, better known as the Petroleum Marketers
Practices Act. I know of no other business other than the
broadcasting business which is great regulated in favor of
the individual than the oil business. If you would look at
the Petroleum Marketers Practices Act, I think you would
find that you may be mistaken in your assumption.
Mr. Carollo: Let me ask you a question. Since you are
definitely going to have much less of an overhead, since you
are going to have less employees and less employee hours, by
going to the self-service system that you are implementing
here, w.Auldn't it be logical to assume that just based on
that alone, you are going to have a higher profit margin?
Not taking into account the convenience store, putting that
aside.
Mr. Banta: Number one, let's again define Amoco's role in
this.
Mr. Carollo: I just want to get a straight answer from you,
yes or no - it would be logical for me to assume that since
you have going to have less employees, less employee hours,
that it would logical to assume that you all would have a
higher profit margin - just based on that alone.
Mr. Banta: Well, if you are going to put me in the position
of the dealer - now this is really who you are talking
about - you are not talking about Amoco, you are talking
about the man who leases the location and operates it, under
your assumptions, under the statements that you just made.
Those only would apply only to that man, not to Amoco.
Number one, it is my understanding that this man will employ
ld 29 11/18/83
1b 0
as many people as he does right now in the operation of this
location. Number two, the profit margin on convenience
items is not offset by the loss of backroom business. Now,
I am sounding like I am talking against myself. Where it
happens is in the increase in volume of the sale of petrole-
um products.
Mayor Ferre: All right, we need to move along now.
Mr. Dawkins: Okay, I am going to vote with you.
Mr. Carollo: You did answer my question, this is correct.
Mr. Dawkins: I am going to vote with you.
Mayor Ferre: With who?
Mr. Dawkins: With him, because ...
Mayor Ferre: We haven't gotten a motion yet.
Mr. Dawkins: The American system says free enterprise, and
as the owner, you should have the privilege of doing what
you desire with what you own, but I also would like to tell
you that I would sincerely hope that the day will come when
the oil companies will no longer be in the driver's seat and
the consumer will be in the driver's seat, and I in turn
will be able to get even with you, because right now, you
have nothing. Amoco, Shell and the Standard Oil Company is
driving independents out of business.
Mayor Ferre: Amen!
Mr. Dawkins: Eventually there will be no independents,
perhaps. But, then again, perhaps somebody will decide to
to go - maybe Iran or somebody else will start making oil
again and then some of us will be able to open up some
independents and some compete with you. Thank you.
Mayor Ferre: Is that a motion? David, hold off a second.
I will recognize you after we have a motion here. Is that
in the form of a motion?
Mr. Dawkins: I move that we grant whatever ...
Mayor Ferre: In other words, that we follow the recommenda-
tions of the Planning Department and the Zoning Board. Is
there a second? Is there a second? Last plea, is there a
second? Hearing none, the motion dies for lack of a second.
Mr. Carollo: I would now like to make a motion, and before
I make the motion, I would like to clarify that I am in not
in anyway, telling Amoco Oil Company what it can or can't do
with that property. All that I am saying is that we have
some rules and regulations that by law, this Commission is
entitled to enforce, and all that I am saying is that, you
know our set of rules. You know the zoning for that proper-
ty and what you can do with that property and what you can't
do. Only we are saying is that we are not going to make it
any easier for you to make a much higher profit at the
expense of the people of that community and that on top of
it, not see you lower your prices at the pumps. If you
would at least tell me "Well, since we are going to make a
higher profit, and cause a greater inconvenience and hard-
ship on the people of that area, we are going to end up
lowering the price at the pumps", maybe I could feel differ-
ently, but that is not the case, so what I am saying is that
you could go ahead and do whatever the law states you can
with that property as it is now and do the same thing that
you said you could do the other way, but I am just not going
to make things easier. My motion is to go ahead and ...
ld 30 11/18/83
16
Mayor Ferre: Deny.
Mr. Carollo: Deny the request.
Mayor Ferre: You are reversing the Zoning Board's action.
Mr. Carollo: Reversing the Zoning Board's approval.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Further discussion?
Mr. Plummer: Under discussion, Mr. Mayor. Filling sta-
tions, service stations come under a very special category
in the City of Miami. To get them there in the first place,
they have to come before this Commission. There is a reason
that this matter is before us as a Conditional Use. Condi-
tional Uses are predicated on what is the need, and the need
demonstrated. I don't see any reason that they cannot
still, if they are denied their application here to put in a
convenience store. They can still do that if they want to
go into the convenience business, but I think there is a
responsibility. When they first got their application, all
filling stations had to come under a special hearing and
there is a reason for it, and as such, I don't feel that we
are denying them the right to operate their store as they
see fit. We are saying that there is to be taken into
consideration that of the neighbors.
Mayor Ferre: All right, we have a motion and a second.
Under discussion. Dave, you know, since you and I are
friends for 30 years, and I want you to understand, I am
going to vote against the motion, because I think you are
wrong, and I think you are a lot better off in a neighbor-
hood by getting a new design and a new building and a new
station. They are going to do it anyway. They have got a
right to do it, and what you are going to end up with is an
old second gate operation when you could have had a cleaner,
better ... you are not going to, in other words, what your
objections are is to have them do nothing, and that is not
going to happen. They are going to put in their convenience
store. They are going to close off a couple of bays. They
are going to it anyway. You are going to have a beatup, old
ugly building there, rather than a new building, and that is
why I am voting "no". You see, I think you are not going to
achieve what you think you are going to achieve, and what
you are going to end up with is something that is worse for
the neighborhood, not better for the neighborhood.
Mr. Rabinowitz: May I say something?
Mayor Ferre: Yes.
Mr. Rabinowitz: I am not against them doing something to
enhance the station and make it more beautiful, but here is
an opportunity for a big company, a giant company, and I
love their gas. I am a stockholder in the company. I have
nothing against it.
Mayor Ferre: What is it you want?
Mr. Rabinowitz: Here is all I want. Let them keep the
operation as it is and still have ...
Mayor Ferre: They are not going to do thatd
ld
31
11/18/83
0 &
Mr. Rabinowitz: Wait a minute! They have self service and
full service. Also, they have mechanics there. They are
going to do away with the mechanics and do away with the
full service. That is the point.
Mayor Ferre: You can't force them to do that!
Mr. Rabinowitz: No, no. I don't say that.
Mayor Ferre: Not in this country. Now, maybe in some other
country, you can force, but you cannot force the Amoco
Company to do other than what they want to do.
Mr. Rabinowitz: No, Mr. Mayor, I am not saying that. I
mean, here is an opportunity for a company to do a beautiful
public relations service for the community and show what
they are going to do - beautify it and give it ...
Mayor Ferre: Hey, Dave, look. You see this man here? He
works for somebody who works for somebody who works for
somebody who works for somebody, and by the time you get to
the top, there are about 40 people between him and Chairman
of the Board, okay? He doesn't have anything to do with it.
He is a paid employee of a major corporation. He is coming
down here doing his job. He goes home. Tomorrow he won't
even remember this case. He will be in San Francisco, doing
another one of these cases, okay?
Mr. Rabinowitz: And he is telling me to go to Exxon, in-
stead of going there where I have been going for 40 years.
Mayor Ferre: He doesn't ... I don't mean to degrade your
position, Counselor. He is a hired gun. He works for the
company. You can't hold him responsible for company policy.
He will tell his boss today, hey, we got turned down in
Miami and the reason is that the big oil companies are being
too greedy and so on. It will never get to the top. They
could care less.
Mr. Rabinowitz: I know we can't do anything about it. I
wanted to go on record to show that here is a company that
is going to lose 150 customers in their area who use it to
do mechanical work on their cars, which they couldn't get
done at other places.
Mr. Dawkins: But Dave, I agree with you, that is why I told
you from the beginning.
Mr. Rabinowitz: That is right!
Mr. Dawkins: I also agree that the handicapped people
should not be there. I also agree that ladies should not get
out of their cars in this climate and high unemployment and
have their bags snatched ...
Mr. Rabinowitz: They still are going to do what they want
to do, right.
Mr. Dawkins: But once a guy stands before me and tells me
he gives less than a damn about your business, take it down
the street to Exxon, then I have to vote with him. I mean,
he is telling me he doesn't care.
Mr. Rabinowitz: He is not thinking that for his bosses.
They wouldn't want me to go to Exxon. Think about that.
Mayor Ferre: Hey, the man, he's got the votes, so let's
move along. You want to say one last thing?
Id
32
11 /18/83
Mr. Banta: I wanted to clarify something that Mr. Carollo
said, or satisfy one of his points. It would be against the
law, sir, for me to stand here and tell you that the price
will be lower. The dealer sets his own price. But, histor-
ically, if you will look at the pumpers, you will see that
the price at the pump at a self-service pumper, is lower
than the price at a full service service station.
Mr. Carollo: When you say historically, you are talking
about since the since the ...
Mr. Banta: Since the inception of the pumper programs, yes,
sir.
Mr. Carollo: I am glad you clarified that.
Mayor Ferre: Counselor, this is a Zoning Board. We are not
the economic council for the President of the United States.
Mr. Banta: I appreciate that.
Mayor Ferre: All we are talking about is a little gas
station on Coral Way and I think we are ready to vote on it.
Mr. Dawkins: Yes, but I have to ask one Question before we
vote. Are you telling me that the price that I pay for gas
is not determined by the price with which the supplier
purchases it from the manufacturer?
Mr. Banta: I am saying that by law, the man who operates the
station as an independent business man sets his own price.
Mr. Dawkins: But, he pays the same price everybody else
pays to get it, am I right, or wrong?
Mr. Banta: Yes.
Mr. Dawkins: Okay, so the price is determined by the suppli-
er.
Mayor Ferre: Back in Baltimore.
Mr. Banta: He can give it away, or he can...
Mayor Ferre: Let's not get into the economic policy of the
oil industry. Is there further discussion on this? Call
the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
ld
RESOLUTION NO. 83-1073
A RESOLUTION REVERSING THE DECISION OF
THE ZONING BOARD A14D DENYING A CONDI-
TIONAL USE AS LISTED IN ORDINANCE 6871,
ARTICLE XIV, SECTION L(21)(G) TO PERMIT
THE CONSTRUCTION OF A NEW GAS STATION
(AMOCO OIL COMPANY) LOCATED AT APPROXI-
MATELY 2301 SOUTHWEST 22ND STREET (CORAL
WAY), ALSO DESCRIBED AS LOTS 1-10 INCLU-
SIVE, BLOCK 2, SOUTH VEDADO (17-63), AS
PER PLANS ON FILE, SUBJECT TO THE DRIVE-
WAY ON SOUTHWEST 23RD AVENUE BEING
RELOCATED TO NORTH END OF PROPERTY FOR
BETTER ON-SITt CIRCULATION; ZONED C-2
(COMMUNITY COMMERCIAL).
33
11/18/83
-1c
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
NOES: Mayor Maurice A. Ferre
ABSENT: None
12. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION
1100-1198 N. W. 54TH STREET AND 5201-5399 N.W. 12TH
AVENUE FROM PD-HC/7 TO CR-2/7.
Mayor Ferre: Okay, let's go back to Agenda Item Number 1.
Zoning Atlas amended Second Reading, Applicant, Planning
Department. It was moved by Dawkins before, seconded by
Perez. Do you want to move Number 1 again? Dawkins moves.
Perez, do you want to second?
Mr. Perez: Yes.
Mayor Ferre: Further discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1100-1198 NORTHWEST 54TH
STREET AND APPROXIMATELY 5201-5399
NORTHWEST 12TH AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN)
FROM PD-HC/7 PLANNED DEVELOPMENT -HIGHWAY
COMMERCIAL TO CR-2/7 COMMERCIAL -RESIDEN-
TIAL (COMMUNITY); MAKING FINDINGS; A14D
BY MAKING ALL THE NECESSARY CHA14GES ON
PAGE NO. 17 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
SEPTEMBER 29, L983, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote-
ld 34 11/18/83
L-1
6
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
THE ORDINANCE WAS DESIG14ATED ORDINANCE NO. 9746.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
13. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION -
2815-2851 S.W. 22ND TERRACE FROM RG-1/3 TO CR-2/7.
Mayor Ferre: Take up Agenda Item Number 5. This is on
Second Reading. This is a non controversial thing, isn't
it?
Mayor Ferre: Is there a motion?
Mr. Carollo: So moved.
Mayor Ferre: Last time it was moved by Carollo, seconded by
Perez. Further discussion? Read the ordinance.
A14 ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2815-2851 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA (MORE PARTICU-
LARLY DESCRIBED HEREIN) FROM RG-1/3;
GENERAL RESIDENTIAL (ONE AND TO FAMILY)
TO CR-2/7: COMMERCIAL RESIDENTIAL (COM-
MUNITY) BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHA14GES ON PAGE
NO. 42 OF SAID ZONING ATLAS MADE A PART
OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
October 27, 1983, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Carollo, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote-
ld
35
11/18/83
.7
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9747.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
14. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION
3225-27-29 DARWIN STREET FROM RG -2/5 TO RO-3/6.
Mayor Ferre: Yes, take up Agenda Item number 6, non-
controversial item. Carollo, are you still moving?
Mr. Carollo: Yes.
Mayor Ferre: Perez, do you still second?
Mr. Perez: Yes.
Mayor. Ferre: Further discussion? All right, read the
ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3225-27-29 DARWIN STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG -2/5: GENERAL
RESIDENTIAL TO RO-3/6; RESIDENTIAL
OFFICE; BY MAKING FINDINGS, AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 45 OF SAID ZONING ATLAS MADE A PART
OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTIO14 IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
October 27, 1983, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Carollo, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote-
6
11 / 18/83
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9748.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
15. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION
69-131 N.E. 51ST STREET, 70-112 N.E. 52ND STREET, 67-85
N.E. 52ND TERRACE AND 64-70 N.E. 53RD STREET FROM RS-2/2
AND RG-1/3 TO RG-3/5.
------------------------------------------------------------
Mayor Ferre: Take up Agenda Item Number 7 on Second
Reading. Previously moved by myself. Perez, do you want to
move it?
Mr. Perez: Yes.
Mr. Carollo: Second.
Mayor Ferre: Moved by Perez, seconded by Carollo. Further
discussion? Miami Jewish Home for the Aged. Read the
ordinance.
AN ORDINANCE -
— AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 67-85 NORTHEAST 52ND
TERRACE, APPROXIMATELY 64-70 NORTHEAST
53RD STREET AND APPROXIMATELY 70-112
NORTHEAST 52ND STREET, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-1/3 [GENERAL RESIDENTIAL (ONE
AND TWO FAMILY)] TO RG-3/5 (GENERAL
RESIDENTIAL); OF APPROXIMATELY 69-115
NORTHEAST 51ST STREET AND 125-131
NORTHEAST 51ST STREET, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN)
FROM RS-2/2 (ONE FAMILY DETACHED
RESIDENTIAL) TO RG-3/5 (GENERAL
RESIDENTIAL); BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 16 OF SAID ZONING ATLAS MADE A PART
OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by
October 27, 1983, was taken up fo
._ reading by title and adoption. On
Id
3/
title at the meeting of
r its second and final
motion. of Commissioner
11/18/83
4
0
Perez, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9749.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
16. SECOND READING ORDINANCE - TEXT AMENDMENT ARTICLE 15,
SPECIAL PUBLIC INTEREST DISTRICT, ADDING A NEW SECTION
15110 SPI-11, COCONUT GROVE RAPID TRANSIT DISTRICT.
-------------------------------------------------------------
Mayor Ferre: Take up Agenda Item Number S. This is on
Second Reading. Moved by Carollo. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Read
the ordinance.
A14 ORDINANCE -
A14 ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 15 OF SAID ORDINANCE
ENTITLED 11SPI: SPECIAL PUBLIC INTEREST
DISTRICTS;" MORE PARTICULARLY BY ADDING
A NEW SECTION 15110 ENTITLED 11SPI-11;
COCONUT GROVE RAPID TRANSIT DISTRICT;"
PROVIDING FOR INTENT, SPECIAL PERMITS,
PERMISSIBLE PRINCIPAL USES AND
STRUCTURES, PERMISSIBLE ACCESSORY USES
AND STRUCTURES, TRANSITIONAL
REQUIREMENTS AND LIMITATIONS,MINIMUM LOT
REQUIREMENTS, FLOOR AREA LIMITATIONS,
MINIMUM OPEN SPACE REQUIREMENTS, PARKING
PROVISIONS, HEIGHT LIMITATIONS, AND
LIMITATIONS ON SIGNS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
October 27, 1983, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Carollo, seconded by Commissioner Perez, the Ordinance was
t h e r e u p o n g i v e n i t s second and f inal reading by title and passed
and adopted by the following vote:
ld 38
at
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor roller J. Dawkins, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
THE ORDINANCE VU0 DESIGNATED ORDINANCE NO. 9750.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Connission and to the
public.
17. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION 2810 TO 2840
S.W. 27TH AVENUE AND 2727-2901 S.W. 28TH TERRACE FROM RG-2/5, RCr2.1/4,
CR-2/5 AND SPI-3 TO THE PROPOSED SPI-11, COCONUT GROVE RAPID TRANSIT
DISTRICT.
Mayor Ferre: Take up Agenda Item Number 9. Can-,assioner Plummer moved before,
Cammissioner, do you want to still move that?
Mr. Plummer: Yes.
Mayor Ferre: Mr. Perez? Mr. Perez seconds. Further discussion. Read
the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NC.
9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY
2810-2840 SW 27TH AVENUE AND 2727-2901 SW 28TH TERRACE,
MIAMI, k10RIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG--2/5 GENERAL RESIDENTIAL RD-2.1/4
RESIDENTIAL OFFICE, CR-2/7 CaMRCIAL COMMUNITY AND SPI-3:
COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO SPI-11:
COCONUT GROVE RAPID TRANSIT DISTRICT; MAKING FINDINGS
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42
OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500,
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEATER PROVISION AND A SEVERA-
BILITY CLAUSE.
Passed on its first reading by title at the meeting of October 27,
1983,
it was taken up for its second and final reading by title and adoption.
on motion of Commissioner Plummer, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
39
I
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9751.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
--------------------------------- ----------------------------
18. SECOND READING ORDINANCE - APPLY HC-4, COMMERCIAL AREA
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE SALVATION
ARMY CITADEL.
-------------------------------------------------------------
Mayor Ferre: Take up Agenda Item Number 10. Commissioner
Plummer, do you want to move again?
Mr. Plummer: Move it.
Mayor Ferre: Commissioner Dawkins?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 9500
THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY APPLYING THE HC-4:
COMMERCIAL AREA HERITAGE CONSERVATION
OVERLAY DISTRICT TO THE "SALVATION ARMY
CITADEL," LOCATED AT APPROXIMATELY 49
NORTHWEST 5TH STREET (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 36 OF THE ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 9500, BY
REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
October 27, 1983, was taken up for its second and final
reading by title and adoption. On motion of Commissioner Mummer,
seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote-
ld
40
11/18/83
I
40
AYES: Commissioner Demetrio Perez, Jr
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mr. Plummer: Assuming the letter is on record, I vote
"yes" .
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9752.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
------ - ---------------------------- --------------------
19. REVERSE DECISION OF THE ZONING BOARD AND UPHOLD THE
APPEAL FOR A VARIANCE THAT HAD BEEN GRANTED BY THE
ZONING BOARD LOCATED AT 3639 N. E. MIAMI PLACE.
Mayor Ferre: All right, now we go to Agenda Item Number 16,
is that right?
Mr. S. R. Costanzo: My name is S. R. Costanzo. I am an
attorney representing myself. This is Eugene Prinz,
adjoining property owner and Dr. Waters, the third adjoining
property owner. I would like to request that Item Number 22
be taken as a companion item, because it is the plat and
variance situation involving the same property.
Mayor Ferre: All right, go ahead.
Mr. Costanzo: Addressing myself first to the plat, my
distinct recollection, my notes and my listening to the
tapes of a month ago, indicated this Commission voted 5 to 0
that the plat be returned to Street and Plats for the
purpose of removing the 10 foot alley that was elicited for
the purpose of granting the variance. Before I address
myself to that, I have to find out if Street and Plats has
in fact done that. Can I inquire, Mr. Campbell?
Mr. George Campbell: At the November meeting of the Plat
and Street Committee, this was brought up. This item was
brought up again, and thoroughly discussed. The unanimous
determination of the committee, and this includes five of
the major departments of the City of Miami, plus
representatives from the utilities companies. The unanimous
determination of the Committee was to recommend the approval
of the Plat by the City Commission as submitted. Now, the
Fire and Police have submitted memorandum which are included
in your packets regarding their considerations and their
reasons for retaining the alley as submitted. If I put that
into the record by reference, I don't I want to bore you
with reading the whole thing - basically, the Police
Department supports it for their own purposes for
surveillance, for access, keeping the delivery and refuse
collection vehicles off the major traffic routes and allows
for vehicles passing around other delivery vehicles
unloading in the alley. Fire Department - I will extract
this, if I may.
ld 41 11 / 18/83
"The central factors considered in our position were
size positioning, tactical use of fire fighting equipment in
order to effect timely and efficient fire and rescue
services as well as historic difficulty and insuring proper
minimum egress from buildings and proposed subject
districts".
We did review it from the standpoint of eliminating the
alley completely. Two factors enter into it here - one,
the fact that we have two areas there which are under
different ownerships, no site plan being available to the
Plat and Street Committee concerning the second portion of
the properties. ' The committee was unable to legally to
dispense with an alley in there. Now, the fact that there
is on record a dedicated 10 foot alley, would mean that Mr.
Grant would then have to come back and submit a new
tentative plat, go through to the entire process again,
which would take an additional three and one/half to four
months, so that again, the position of the Plat and Street
Committee, the recommendation of the Plat and Street
Committee is that the plat be accepted by the Commission as
submitted.
Mayor Ferre: All right ...
Mr. Costanzo: May I finish? Gentlemen, that is not the
issue. The resolution passed by this Board unanimously was
that the plat be returned, the 10 foot alley be removed and
the plat then we returned here for approval of disapproval.
That is not what has been done. You didn't ask him for his
recommendations or to have additional hearings on this
matter. You directed him to amend that, and modify that
plat. That is the exact words in the transcript, but I
heard it last night. Now, he has not complied with your
dictate.
Mr. Plummer: I don't understand that.
Mr. Garcia -Pedrosa: Mr. Mayor, we shouldn't even be talking
about Item 22 at this point, until you dispose of Item 16
for openers. In addition to that, they can't direct you
what to do.
Mayor Ferre: We cannot direct the Plat Committee.
Mr. Garcia -Pedrosa: And they cannot direct you, no, sir.
Mayor Ferre: Who is they?
Mr. Garcia -Pedrosa: Plat and Street Committee.
Mayor Ferre: That is not the question. The question is
that we instructed the Plat Committee what to do ...
Mr. Costanzo: To remove the 10 foot alley.
Mayor Ferre: To remove the 10 foot alley. Do we have a
r legal right to do that?
Mr. Garcia -Pedrosa: No, sir. You can only ask them to
consider it, which is what I think you really did, and I
they considered it.
Mayor Ferre: I understand.
Mr. Costanzo: Well, I asked you to ask for the tapes. It
is clear.
Id 42 11/18/83
Mayor Ferre: Yes, but that is not the question. The
question is legally, can we tell the Plat Committee to
remove the 10 foot alley. That was my question and the City
Attorney has answered that legally we don't have that power.
Mr. Garcia -Pedrosa: Mr. Mayor, if you had that power, you
wouldn't need a Plat and Street and Committee. You would
just do it yourself.
Mr. Costanzo: Well, the ordinance is quite clear. I
believe that in minor respects, the City Commission can do
that. It is in a major situation that you cannot do it, am
I correct in that? I am asking the Mr. City Attorney. Your
own Assistant City Attorney was at 4he meeting with Mr.
Campbell and made that statement. I will read it for you,
if I have to.
Mr. Garcia -Pedrosa: Mr. Mayor, I have discussed the matter
with the Assistant City Attorney, who was present at that
meeting. It does not change the law which he said, and that
is, the Plat and Street Committee, like the Zoning Board,
like P.A.B., like any other organism of this City makes
determinations. If that comes before you, you can accept or
reject those determinations, independent.
Mayor Ferre: All right.
Mr. Costanzo: Well, does the City Commission has the right
to amend the plat by ordering it to be removed from the Plat
at this time?
Mayor Ferre: Sure.
Mr. Costanzo: I think they do and I think that is what they
did.
Mr. Plummer: We can do it, but we can't direct others to,
no more than we can direct the Zoning Board to change their
opinion.
Mr. Costanzo: Well, then in that case, I am asking you to
do it, and I will go forward ...
Mayor Ferre: That is the only way it could be done if the
City Commission could do it.
Mr. Gary: You would have to amend the code, I think.
Mr. Costanzo: And that is perfectly in line and consistent
with the motion which you passed at the last meeting.
Mayor Ferre: Now, I am going to take you up in just one
second. We need to deal with item ...
Mr. Garcia -Pedrosa: Mr. Mayor, Item 22 may become academic,
depending on what you do with 16, and you called for Item
16, and you ought to do that first.
Mayor Ferre: All right.
Mr. Costanzo: Do you want me to address myself to Item 16?
Mayor Ferre: I think where we are is this - as I understand
what the City Attorney has said, is that we really need to -
22 may be academic to 16, depending on what happens to 16.
So, we really need to deal with Item 16.
Mr. Costanzo:
variance ...
ld
All right, Item 16 is the granting of a
43
11/18/83
Mayor Ferre: All right, the Applicant - this was granted on
5 to 0, right?
Mr. Costanzo: That is correct.
Mayor Ferre: So the Applicant - you are the Applicant?
Mr. Costanzo: We are the Appellants.
Mayor Ferre: Who is the Appellant?
Mr. Costanzo: We are, so therefor, we go first.
Mayor Ferre: Oh, I see, you are the Appellant. Okay, go
ahead.
Mr. Costanzo: This is the situation where there is a 25
foot lot, which is a thoroughly substandard lot.
Nevertheless, the variance was granted for a building with
an average width of 28 feet, where 60 feet are required, and
a second street frontage of 25 feet where 30 feet are
required. Now, this was filed under the old ordinance.
Under the old ordinance, none of the six criterias have
been met by the Applicants. I direct your attention to
Criteria Number 2, which says a variance will not be granted
where it results in the action to the Applicant. The
Applicant purchased this property, knowing full well it was
a substandard lot. I think I told you at the last meeting
that I checked the record at the Courthouse, and the
Courthouse has found that the predecessors in title had
purchased the property, the 25 foot, plus the additional 25
foot, which was taken by the Department of Transportation
for a total of $10,000. In 1959, they were paid $10,600 by
the Department of Transportation, for the half that was
taken, and for the damage to the remaining parcel. The
other criteria are that the properties can be reasonably
usable in its current condition. When the bought this
property, they admitted at all the hearings, that they
bought this property for access and access only, and
therefore, it is usable for the purpose for which they
bought it, certainly that there would be no undue hardship,
and there is no undue hardship. And their other three
criteria have absolutely no meaning whatsoever, but they
didn't ►neet those criteria obviously. Finally, one other
criterion requires that it will not confer any special
privilege and any injuries to any other property owners.
Well, my property is directly behind their property, and Mr.
Prinz' property is in between our properties. If Mr. Prinz,
my client, is to build on his property, which is directly
south to the varianced property, then he would come under
the new ordinance. Under the new ordinance, he would have
approximately 4,000 feet of buildable property. After taking
all the setbacks into account, he would have to have
approximately 25 foot of setback in order to have parking.
I may be off a foot or two, but that is about right. In
order to do that, he has a standard lot - he would be
subject to all of the all of the standards. On the other
hands, the Applicants with their variance, could build right
to the street line, would have no setback, or sideback
requirements of any nature whatsoever. They could build to
every border of their property. Now, that is a hardship to
us. What I would like to impose is a covenant on their
variance, or on the plat, or we will do it any way it has to
be done, that there be at least a 25 foot setback on their
property and that they be restricted to a one story
building. That would be reasonable under the circumstances.
Mr. Stuart Grant: All right, if I may respond ...
W
Id 11/18/83
Mayor Ferre: Are you concluded with your statement,
Counselor?
Mr. Costanzo: Yes, sir.
Mayor Ferre: You have equal time.
Mr. Grant: My name is Stuart Grant. I live at 1229
Meridian Avenue, Miami Beach. The list of the the six
criteria - it is not if we don't meet any one of those that
we are automatically rejected. These are some of the
reasons which tend to support a variance. Now, any ideas
about building, we will have to comply with the current
zoning ordinance, including all the setbacks that are
required and just like Mr. Costanzo, we have not filed
building plans with the City, and we will be required to
have all the setbacks just as he will. We really believe
that that small portion was a substandard lot, but is it to
forever remain a substandard lot? Our intention was by
combining it with the other portion of Tract A, that we were
substantially complying with the intent of the zoning code,
in that it would have been of sufficient area and could be
satisfactorily used for building. The major problem - the
reason I guess why it is dragged on so long is because it is
a special kind of shape which makes it difficult to
realistically calculate the average lot width. If you take
the area of Tract A and divide it by the depth, which is
from N. E. 1st Avenue to N. E. Miami Place - if you take the
area and divide it by the depth, the average width is 60
feet, and I think I talked about this with Mr. Whipple, and
he concurred that that was a realistic way of when you have
an irregular shape, of calculating the area, although it is
not specifically provided for in the Zoning Code. That is
why we had to go for a variance, and we really do believe
that is the real issue, is the shape. We went before the
Planning Board, the Plat and Street Committee. They all
supported us. As a matter of fact, when we met here in
July, this Commission first voted unanimously 5 to 0, and
then later on, changed its mind, when we weren't present,
and we really feel that we went through the proper channels.
We have really been put through the wringer on this. We
have been trying to get plat for over two years, almost two
and one-half years now, and we feel like that 1,800 square
feet of land, which is the side portion, is extremely
valuable to us, and we would like the right to build on it,
and our attorney also.
Ms. Judith Rosenthal: Gentlemen, if I may add something.
My name is Judith Rosenthal. I have law offices at 444
Brickell Avenue. I obviously represent Mr. Grant. A lot
has been said this morning about the rights of private
enterprise and people being allowed to use their private
property for their own uses so long as those uses are
reasonable. I think all of you would agree to that. I
think also that the Third District Court of Appeals, back in
1976 also agreed with you, and I just want to refer to the
one case that might help to clarify this and explain this
matter of the hardship, or lack of hardship, because Mr.
Grant bought the property after it had become a substandard
lot. Basically, in the particular case, it is Joe Anon vs.
The City of Coral Gables. We had a similar situation where
a property owner bought a piece of property that was in fact
a substandard lot and had been a substandard lot for years
before he purchased it. There was a question about whether
or not he could build his home on that lot. The Zoning
Board of Coral Gables turned him down. The City Commission
of Coral Gables turned him down on his application for a
variance. However, the Third District Court of Appeals did
look at that situation and realized that his constitutional
guarantees were being infringed by the refusal of those
45
ld 11/18/83
-F f
bodies to allow him to use his private property. There were
no other alternatives for the use of that property.
Similarly, with Mr. Grant's property, there is very little,
if anything that can be done with that particular piece of
property, and given a variance, and the one that we are
requesting today, proper use can be made of that property.
To deny the variance now would simply essentially take away
his right his property within the confines of the
regulations set up by the City as it is! We are not asking
for anything unusual. We have a very unusual piece of
property, unusual in shape, unusual in size. Added to the
existing property that Mr. Grant owns, the property can be
made good use of. Without granting the variance, that
property is going to lie fallow indefinitely. There is
nothing that we can do with it. The only people who could
possibly make use of that property in the future if you deny
the granting of the variance today, are the Objectors who
own the property immediately to the south. They could add
it to their property, as Mr. Grant is attempting to do, and
then make use of it. One or the other of us has to do
something with that property, otherwise the City is
prohibiting the use of the property altogether.
Mayor Ferre: The only thing I think would be consistent is
this Commission, and I am saying this to Mr. Costanzo, is
that what is sauce for the goose is got to be sauce for the
gander, for I just want to go on record - I don't know what
this Commission is going to do, but if this Commission does
not grant the variance at this time, I think it would be
unfair for us to grant the variance in the future for
somebody else, so I just, you know ...
Mr. Costanzo: Counselor, may I have the have the citation
of that case?
Ms. Rosenthal: Yes, it is 336-72-420. By the way, Mr.
Mayor, should the opponent purchase the property - heaven
knows how they are going to get it at this point, but should
they do it, they probably would not need a variance, because
given the Unity of Title that we are prepared to give the
City, that northerly strip would then be more easily merged
into their property. It might not necessarily require a
variance as we would be required to do. So we are dealing
with a slightly different situation.
Mr. Grant: Because it is a more regular shape, and that is
really what it comes down to, is the shape of the property
that we put together.
Mr. Carollo: Maurice, I am ready to make a motion now.
- Mayor Ferre: He is going to make a motion. Is there any
further discussion before we accept the motion? All right,
I am going to accept the motion now. Are we ready? Go
ahead, make the motion.
Mr. Carollo: My motion is that we uphold the Zoning Board
action, in other words, deny the appeal.
Mayor Ferre: Is there a second? Is there a second? Is
there a second? All right, the motion dies for lack of a
second. Further discussion? Questions?
Mr. Costanzo: If you would like to hear me on further
argument, I'd be glad to present, if not, it is not
necessary.
Mayor Ferre: I think we have heard all the arguments over
and over again.
ld 46 11/18/83
F
I
Mr. Plummer: Let me inquire - my understanding is that when
you bought this, you bought it as a substandard lot, is that
correct?
Ms. Rosenthal: It was a substandard lot at the time of the
purchase, yes.
Mr. Plummer: Okay, the previous owners who had it were
compensated by the State of Florida
Ms. Rosenthal: Yes.
Mr. Plummer: The statement was made that you bought this
piece of property for the purposes of access to the to the
other. Is that in the record?
Ms. Rosenthal: At the time of the purchase, that was one
anticipated use of the property. There was nothing binding
upon anyone at the time that they bought the property.
Mr. Plummer: We understand that, but the intent, when you
bought it, was the purposes of access.
Ms. Rosenthal: I can't say to that.
Mr. Costanzo: It is in the transcripts, yes.
Mr. Grant: I would say that we planned to use it as access
because we did not know that the alley existed.
Mayor Ferre: All right, further questions?
Mr. Plummer: Mr. Mayor, I will make a motion that the
denial be granted. I predicate that on the fact of the
stipulations just made that their reasonable use, as
indicated by them in the record, as for that purpose of
access, and that we are not denying them any right to what
they bought the property for and I won't go into my other
statement that I had made previously about the need of the
20 foot alley, or the 10 foot alley. They stand on the
record, but I move to uphold the Appeal.
Mayor Ferre: In other words, what we are doing is, we are
reversing the Zoning Board's action and upholding the
Appeal?
Mr. Plummer: Right.
Mayor Ferre: is there a second?
Mr. Dawkins: I second.
Mayor Ferre: Further discussion? Call the roll.
ld
47
11/18/83
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 83-1074
A RESOLUTION REVERSING THE ZONING
BOARD'S GRANT OF VARIANCE FROM ORDINANCE
NO. 68719 ARTICLE IV, SECTION 11(i),
WHICH PERMITTED' THE CREATION OF A LOT
DESCRIBED AS TRACT "A", TENTATIVE PLAT
#2251-D, "GRANT SUBDIVISION" ALSO
DESCRIBED AS APPROXIMATELY 3639
NORTHEAST MIAMI PLACE, AS PER SURVEY ON
FILE, WITH AN AVERAGE WIDTH OF 28' (60'
REQUIRED); AND A SECOND STREET FRONTAGE
OF 25' (30' REQUIRED).
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None
Mayor Ferre: Now, on Agenda Item Number 22, that is a moot
point.
Mr. Garcia -Pedrosa: You don't need Item 22.
20. RESOLUTION ELECTION AND REAPPOINTING RALPH G. ONGIE AS
THE CITY CLERK OF THE CITY OF MIAMI. FLORIDA.
Mayor Ferre: Now, we have the item of the Clerk first, and
then the City Attorney. Commissioner Perez, do you want to
make a motion on the Clerk?
Mr. Carollo: Would it be proper for us to take both items
up when we come back at the...
Mayor Ferre: I have no problem except that Plummer is not
coming back because he is feeling sick.
Mr. Plummer: Joe, I am not going to make it back this
afternoon.
Mayor Ferre: he is feeling sick.
Mr. Carollo: You are not going to be here? Okay, well...
Mr. Plummer: I am not going to make it back this afternoon,
I am sorry. I think this should take five minutes, or I
hope it would take five minutes.
Mr. Carollo: Before the Mayor and Commissioner Perez came
in, I was bringing up the City Attorney's item.
48
1d 11/18/83
Mayor Ferre: Well, we will do the Clerk first. Commission-
er Perez asked to be recognized on that, and I will recog.
nize him, then I will recognize you on the other, if you
wish.
Mr. Perez: Yes, I want to move the reappointment of the
City Clerk and also would like to move...
Mayor Ferre: One at a time - first the appointment, and
then deal with the salary.
Mr. Perez: Okay, that is what I move.
Mayor Ferre: There is a motion for the election and
reappointing of Ralph G. Ongie as City Clerk of the City of
Miami, Florida to hold office until the first meeting
following the next general municipal election. Is there...
Mr. Carollo: Can we do this in two separate motions; one
would be for the reappointment and the other motion would be
for the newly established salary.
Mayor Ferre: Yes, that is what we are doing.
Mr. Plummer: sure, that is what we are doing.
Mr. Carollo: Good.
Mayor Ferre: We are now only reappointing Ongie.
Mr. Plummer: I second the motion.
Mayor Ferre: Further discussion.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 83-1075
A RESOLUTION ELECTING AND REAPPOINTING
RALPH G. ONGIE AS CITY CLERK OF THE CITY
OF MIAMI, FLORIDA, TO HOLD OFFICE UNTIL
THE FIRST MEETING FOLLOWING THE NEXT
GENERAL MUNICIPAL ELECTION.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld
49
11/18/83
i
i
-------------r—rr--r-------- -----------.��—.��.rii
21. A RESOLUTION GRANTING AN 8% COST OF LIVING INCREASE TO
RALPH G. ONGIE, CITY CLERK, EFFECTIVE OCTOBER 2, L983.
-------------r-----r----r-------r--------- r------w.rr��+r� G.a►
Mayor Ferre: Now, with regards to the salary. Commissioner
Perez.
Mr. Perez: Yes, now I would like to move another motion in
order to propose that he receive the Cost of Living increase
just like everybody else in the City.
Mr. Plummer: Second.
Mayor Ferre: All right, it has been moved and seconded.
Let me understand this. Under our rules, the City Manager
and the City Attorney and the City Clerk do not get automat—
ic increases. Is that correct?
Mr. Carollo! That's correct.
Mayor Ferre: So we have to do now. Are you therefore
saying that we are going to be treating Mr. Ongie the same
as we treated the City Manager?
Mr. Perez: That is right.
Mayor Ferre: The City Clerk the same as the City Manager.
Mr. Perez: That is right.
Mr. Dawkins: Hold it, when we did the City Manager ... hold
it, I need clarification.
Mayor Ferre: That is why I want to make sure.
Mr. Dawkins: Okay, now at the time that Mr. Gary gave up
his "agreement", didn't we agree that when they come up for
Cost of Living, he would come the same as the Manager, so if
we are talking about giving him one, we are talking about
giving him one.
Mayor Ferre: Yes.
Mr. Dawkins: Okay.
Mayor Ferre: I just want to make sure...
Mr. Dawkins: That we are all in the ballpark.
Mayor Ferre: Well, there is something else that I want to
make sure of is that we are dealing equally with the three
people that the City Commission appoints. In other words,
it is my opinion that we need to be ... because otherwise you
get into all kinds of arguments about this. I think we
ought to be equal with all three.
Mr. Carollo: I am in full agreement with that.
Mayor Ferre: All right, now.
are voting on now?
Mr. Ongie: Yes, sir.
So, are we clear on what we
Mayor Ferre: Further discussion? Call the roll.
ld
50
11/18/83
r
4 4
The following resolution was introduced by Commissioner
Perez, ;aho moved its adoption:
RESOLUTION NO. 83-1076
A RESOLUTION GRANTING AN 8% COSTY-OF-LIVING
INCREASE TO THE CITY CLERK, RALPH G. ONGIE
EFFECTIVE OCTOBER 2, 1983.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None
ON ROLL CALL:
Mr. Carollo: Let me explain my position on it. I agree
with the Mayor 100%, that we have to be 100% consistent with
all three positions and I am going to be consistent with the
position that I have taken, and that is, I believe very
strongly that the policy of this Commission should be,
regarding to our three appointments and in recommending to
the Manager for the assistants that are hired underneath
the three individuals, that we would pick the average of the
cities that are approximately our size and figure out the
average that those cities pay in salaries and then come up
with an average of what the base salary should be and from
there, then we go with the increases. I think that what we
have found out according to the study that I asked the
Manager to make, is that we have the highest salaries of any
cities, whether our size, or larger, and that is something
that I think we have to curtail somehow, so that is why I am
going to be consistent and since I voted "no" for the in-
crease for the Manager last time for the reasons that I
gave then, for the reasons that I am giving now, I have to
vote "no" for the City Clerk like I would vote "no" for the
City Attorney.
Mayor Ferre: All right now...
Mr. Carollo: I'd like to make the motion now, Mr. ...
Mayor Ferre: I will recognize you in a 6ccond,
want you to get for me, I want you to do this so
this on the record, you know. I want you to
memorandum, and to the Commission, stating what
is now, what your salary will be under the
passed, and I want you to take and write to
cities similar in size to Miami and I want to
the record.
but Ralph, I
we can have
write me a
your salary
motion just
nine other
get that on
Mr. Carollo: Maurice, we had that study done. The Manager
did that study for us some months back. In fact, I think
maybe...
Mayor Ferre: Would you get me a copy of that?
Mr. Gary: Yes, sir, Mr. Mayor. I would like to ask, we
have done that and I know where you are going and I know you
are going and I know where Joe is going, and I don't see too
51
Id
11/18/83
much difference, but I think you also have got to recognize
(forget about me, because I am not going to here forever)
that we just dealt with a certain number, and in any struc-
ture and minority run corporation, you also have got to look
at the people underneath and one of the problems with that,
Commissioner Carollo, is if you only stop at that level and
you do a study and attempt to do that, you compress the
salaries of those people under where you could have a cap-
tain making the same as a major as an example, or a lieuten-
ant making the same, and I think you have to put that ... we
do that study, then you have to look at the impact of that
on the total organization structure all the way down and I
think that is the only modification I would like to make to
that report.
Mayor Ferre: I would like to include that. I think that
makes a lot of sense.
Mr. Carollo: I have no problems with that, Howard. I think
it should be included, and I think to a great degree you did
include other positions in that study you sent to us.
Mr. Gary: Yes, but we didn't go...
Mayor Ferre: Would you get me a copy of that, because I
frankly don't recall having seen those figures.
Mr. Plummer: Mr. Mayor, what about Matty?
Mayor Ferre: Well, that was next before I take Joe's mo-
tion.
Mr. Plummer: Joe wants to speak to the City Attorney,
right?
Mayor Ferre: I know, but before we get to the City Attor-
ney, I want to finish with the City Clerk's office, all
right?
Mr. Ongie: Matty has already received it. See, she is
not ... she has already received it.
Mayor Ferre: Okay, you got any problems now? Demetrio?
Mr. Plummer: That has been taken care of?
Mr. Ongie: Yes, sir.
------------------------------------------------------------
�22. A RESOLUTION ELECTING AND REAPPOINTING JOSE R. GARCIA-
PEDROSA AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA.
------------------------------------------------------------
Mayor Ferre: Now, the City Attorney.
Mr. Carollo: I would like to make the motion now to
reappoint Jose Garcia -Pedrosa as the City Attorney, the City
of Miami, to hold office until the first meeting following
the next general municipal City election as provided for in
the City Charter.
Mayor Ferre: Okay.
Mr. Plummer: Second.
Mayor Ferre: It has been moved and seconded. Further
discussion? All right, call the roll.
ld 52
11/18/83
r-
,4
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 83-1077
A RESOLUTION ELECTING AND REAPPOINTING
JOSE R. GARCIA-PEDROSA AS CITY ATTORNEY
OF THE CITY OF MIAMI, FLORIDA, TO HOLD
OFFICE UNTIL THE FIRST MEETING FOLLOWING
THE NEXT GENERAL MUNICIPAL CITY ELECTION
AS PROVIDED FOR IN THE CITY CHARTER.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mr. Plummer: It is the first time I get to vote for him -
11VPR11 _
------ww-wrr-w-r-r 6*_r-r ri. wrY "_"-rr r-i.-r r Q. r r r-w w war r r--r--r--
23. A RESOLUTION GRANTING AN 8$ COST OF LIVING INCREASE TO
THE CITY ATTORNEY, JOSE R. GARCIA-PEDROSA, EFFECTIVE
OCTOBER 21 1983.
rr-.►rw-Y►rrr(i►wr-:rrwrr--r.►rr-irrrr-arrrfVrrrrrir.rrr-fr ----------
Mayor Ferre: All right, now, with regards to the salary, is
there a motion?
Mr. Perez: Yes, I make a motion.
Mayor Ferre: What is your motion?
Mr. Perez: The same consideration that we offered to the
City Clerk, that we he receive the Cost of Living Increase,
the same as the City Clerk and the City Manager.
Mayor Ferre: In the same proportion?
Mr. Perez: Yes.
Mayor Ferre: In the same figures. Okay, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion. Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 83-1078
A RESOLUTION GRANTING AN 85 COST OF
LIVING INCREASE TO THE CITY ATTORNEY,
JOSE R. GARCIA-PEDROSA, EFFECTIVE OCTO-
BER 2, L983•
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None
ON ROLL CALL:
Mr. Carollo:: My position on the salary increase is the
same as the position I have taken before with the Clerk and
the Manager. I think we should go ahead and do the study
and come up with the average and do it that way.
Mayor, Ferre: In voting "yes", as I understand it, the
County Attorney makes $92,300, and the two Assistant County
Attorneys both make $87,000. As I recall, the salary made
by Mr. Garcia Pedrosa, who walked out of the room...
rZ4
ld 11/18/83
4 i
Mr. Clark: $82,262.
Mayor Ferre: That will not take him above the County Attor-
ney, will it?
Mr. Clark: Whatever 8% of $82,262 is, will be the total
amount of his salary. It will not take him above...
Mayor Ferre: 8%.
Mr. Carollo: 8%.
Mayor Ferre: I thought it was 8 and 29 Howard. Wasn't it 8
and 2? The increase you got, wasn't it 8 and 2? It is 8
now?
Mr. Gary: It is 8% now. April is 2%.
Mayor Ferre: I got you, okay.
Mr. Carollo: So if he makes $92,000...
Mr. Clark: $82,262.
Mr. Carollo: So an 8% increase would be approximately
$6,400, and some.
Mr. Plummer:
How
do I
apply
for
that job?
Mayor Ferre:
You
have
got to
go
to Harvard Law School.
Mr. Carollo:----------
Mr. Plummer: Yes, and I thought that was only to run for
Mayor.
Mayor Ferre: No, that didn't work out! (LAUGHTER) All
right, now are finished with this? I've got one thing I
want to clarify, Mr. Manager...
-------------- ----------------------------------------- -----
24. A RESOLUTION GRANTING AN 8% COST OF LIVING INCREASE TO
CITY MANAGER, HOWARD V. GARY EFFECTIVE OCTOBER 29 1983.
------------------------------------------------------------
Mr. Dawkins: I have a...we are not finished with this.
Mayor Ferre: I know. Oh, you are still on the subject?
Mr. Dawkins: Yes.
Mayor Ferre: Go ahead.
Mr. Dawkins: When the Manager gave up his "agreement", we
said at that time that we would consider him as everybody
else, so I make a motion that the Manager also get the same
Cost of Living that was given to the City Attorney and to
the City Clerk at this time.
Mayor Ferre: Now, we kept everybody equal. Is that the
same thing?
Mr. Plummer: You haven't received it?
Mr. Gary: Nobody gets it automatically. We don't do it.
You have to vote on it.
55
Id
11/18/83
4
Mayor Ferre: Howard, let me ask you a question, sir, and I
am voting with Miller on this, okay, but I want to make sure
we understand what we are doing here. You are up to close
$1009000.
Mr. Gary: Correct.
Mayor Ferre: Now, it was my understanding that you recently
got a salary increase. When was that? Was it in the last
six months or a year?
Mr. Gary: No, we all got ours on our evaluation date.
Mayor Ferre: Which was April?
Mr. Gary: April.
Mayor Ferre: All right, did the City Attorney get his in
April too?
Mr. Gary: When he got evaluated. His was...
Mayor Ferre: See, if we are going to be consistent, then it
has got be equal for both the City Attorney, the City Manag-
er and the City Clerk. Now, if the City Attorney and the
City Clerk in April got theirs, and if they didn't then I
think we have got to go retroactive.
Mr. Gary: No, what happened was...
Mr. Ongie: May I clarify this?
Mr. Gary: If I may...
EMayor Ferre: Clarify it.
Mr. Ongie: The City Attorney and the City Clerk did not
receive anything other than 2%. I have not asked the City
Commission to adjust my base salary for three years, and I
am not asking you to do it now. All I have ever asked for
is the Cost of Living increases that everybody else gets.
Mayor Ferre: I understand, but the point is that the City
Manager did receive, didn't you, Howard?
Mr. Gary: Let me explain. First of all, for all City
employees - you have to put this in proper context. All
City employees get the contract's agreement, Mr. Mayor,
which is 8% in October, 2% in April, as well as a 5%, that
they get, which is usually called a merit increase, so that
is three raises. the City Attorney, the City Manager and
the City Clerk only usually get two, okay? That excludes
the 5% that the regular City employees get. With regard to
the City Attorney, the City Attorney got a raise in July of
1982, October of 1982, January 13th of 1983 and April of
1983.
Mayor Ferre: The City Attorney got an increase?
Mr. Gary: Right.
Mayor Ferre: Now, was that Cost of Living, or was that
merit increase?
Mr. Gary: That was a combination of the regular 8%, 2% and
2%, plus there was a motion made by Commissioner Carollo,
because you all said after six months you would reconsider
the City Attorney for an adjustment of salary, to bring him
up...
56
ld 11/18/83
0
Mayor Ferre: To bring him up to what George Knox was mak-
ing.
Mr. Gary: Right, and that is why he got an extra one,
because that was the original agreement. With regard to the
City Clerk, he has always got his 8% and his 2%, and that
was October 3rd of 1982 and April 3rd of 1983.
Mr. Ongie: Cost of Living.
Mayor Ferre: Yes, that is what he said.
Mr. Gary: That is what we are talking about.
Mayor Ferre: In April.
Mr. Gary: Exactly. Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Clark: For the record, Mr. Garcia -Pedrosa was evaluated
after six months and was given an increase to come...
Mayor Ferre: What day was that?
Mr. Clark: This was six months after his appointment, in
January of 1983. He came back again before you and did not
receive an salary increase on the annual, on the anniversary
of his appointment.
Mayor Ferre: Which was July?
Mr. Clark: Which was in July.
Mayor Ferre: At that time, he was going to get the same
increase proportionate to what the City Manager had previ-
ously gotten, is that right, Howard? Is that how we got off
on this thing?
Mr. Gary: Well, first of all, Mr. Mayor, just not to con-
fuse the issue, if I may...
Mayor Ferre: What?
Mr. Gary: Not to confuse...
Mr. Dawkins: Mr. Gary, we are trying to go to lunch. Mr.
Mayor, I move that Mr. Gary get the same thing everybody
else got. if Roy Kenzie can make $90,000, I am sure the
Manager can get a few dollars.
Mayor Ferre: I've got no problems.
Mr. Dawkins: I move it and...
Mayor Ferre: There is a motion. Is there a second?
Mr. Plummer: I second the motion.
Mayor Ferre: Further discussion? All right, call the roll.
5"7
ld 11/18/83
4 0
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 83-1079
A RESOLUTION GRANTING AN 8% COST OF
LIVING INCREASE TO THE CITY MANAGER,
HOWARD V. GARY, EFFECTIVE OCTOBER 2,
1983.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commission J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None
ON ROLL CALL:
Mr. Carollo: I again have to vote "no". I have to be
consistent and what I am seeing that is happening here is
that we are losing sight of the types of salaries that we
are paying and we can no longer afford to be the highest
paid city in the nation. We are paying the highest salaries
to our top administrators than just about any other city in
the country, and we are not a big city in comparison to many
other major cities in the country. We have to draw the line
somewhere, and this is all that I am saying, so I have been
consistent in voting the same way for both the City Manager,
the City Attorney and the City Clerk. I hope that my col-
leagues will take into consideration what I have been asking
for some time.
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF
RECESS AT 12:30 P.M., reconvening at 2:55 P.M.
with all members.of the City Commission found to
be present except for: Commissioner Joe Carollo
and Commissioner J. L. Plummer, Jr.
Vol
ld
11/18/83
4 0
------------------- ------------- r-r---------------- _- -
25. DISCUSSION ITEM CONCERNING A BID SUBMITTED BY PESTONIT
FOR LANDSCAPING SERVICES.
-----r-r-r-r-r-+..----------------r-----r------------r-r--..r--
Mayor Ferre: We now have a majority, so we can get started.
Mr. Manager, this morning we let Mr. Pestonit off the hook
because of his bond of $40,000 and he had put up, he bid at
$889000...
Mr. Gary: We didn't let him off the hook.
Mayor Ferre: That's what I want to get clear in my mind
because I looked at it after and I noticed that the second
bidder is Recio and Recio's bid was $120,000. Okay? Now,
the difference being $32,000. Now, I noticed also that the
administration - that's you - had estimated that the cost
would be $110,000. Now, I understand that we are letting
Mr. Pestonit off the hook or that's what he's asking to be
let off the hook, but the thing that bothers me is the
difference between 110 and $120,000. So I think he is going
to have to contribute that difference. In other words, what
I'm saying is if you let him off the hook I think he ought
to pay, not forfeit his $40,000 bond but pay the difference
between what our estimated cost was and the low bid which
would then be $120,000.
Mr. Gary: We may come to that conclusion, that may be the
conclusion.
Mayor Ferre: I'm just putting on the record that I do not
think that he should be fully off the hook. I don't mind
letting him get part of his bond back but I think he is
going to have to pay the penalty between the low bid - see,
the next bid is 120, the one after that is 157, the one
after that is 208, the one after that is 243. Okay? So, if
we take the next bid of 120 there is a $32,000 difference
between Pestonit's bid and the next bid up but our estimate,
according to this contract is $110,000 and I think that he
should at least forfeit that $10,000 to make it come out at
what we estimated it should cost if that is what your deci-
sion is, to let him off the hook.
RT 59 11/18/83
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i - - - - - .► - -
26. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION
4295-4299 WEST FLAGLER STREET AND APPROXIMATELY 1-99
N.W. 23RD AVENUE FROM PD-HC/7 TO CR-2/7• (ag 2)
- - - - - - - - - - - - - -- - - - - - - - - - - - - -------------------------
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 4295-4299 WEST FLAGLER
STREET AND 1-99 NORTHWEST 43RD AVENUE,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM PD-HC/7 PLANNED
DEVELOPMENT -HIGHWAY COMMERCIAL TO CR-2/7
COMMERCIAL -RESIDENTIAL (COMMUNITY);
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 32 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500, BY REFERENCE AND DESCRIPTION
IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
September 29, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Perez,
seconded by Commissioner Dawkins, the Ordinance was thereup-
on given its second and final reading by title and passed
and adopted by the following vote -
AYES:
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9753.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
RT 60 11/18/83
-
4
27. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION
3150-3198 SOUTH DIXIE HIGHWAY & 2939-2999 S.W. 32ND AVE.
FROM PD-HC/7 TO CR-2/7. (AG 4)
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3150-3198 SOUTH DIXIE
HIGHWAY AND APPROXIMATELY 2939-2999
SOUTHWEST 32ND AVENUE; MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN)
FROM PD-HC/7 PLANNED DEVELOPMENT -HIGHWAY
TO CR-2/7 COMMERCIAL -RESIDENTIAL (COMMU-
NITY); MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42
OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
September 29, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Dawkins,
seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9754.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
RT
61 11/18/83
0
28. SECOND READING ORDINANCE - CHANGE ZONING CLASSIFICATION
2230-2298 S.W. 27TH AVENUE AND 2700i2754 S.W. 22ND
TERRACE FROM PD-HC/7 TO CR--2/7•
-----i--.i---ill--------------------i----------il►--iii-fr--------
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2230-2298 SOUTHWEST 27TH
AVENUE AND APPROXIMATELY 2700-2754
SOUTHWEST 22ND TERRACE; MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN)
FROM PD-HC/7 PLANNED DEVELOPMENT -HIGHWAY
COMMERCIAL TO CR-2/7 COMMERCIAL -RESIDEN-
TIAL (COMMUNITY); MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 42 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
September 29, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Dawkins,
seconded by Commissioner Perez, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9755.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
29. SECOND READING ORDINANCE - AMENDMENT TO ORDINANCE 9534,
CAPITAL IMPROVEMENTS APPROPRIATION ORDINANCE INCREASE
APPROPRIATION FOR SELECTED ONGOING CAPITAL PROJECTS, AND
ESTABLISH APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENTS
PROJECTS (AG 11)
Mr. Gary: If I may, this is basically nothing but a plan,
it doesn't expend any money, it is something that is re-
quired by the State just in terms of what the City's needs
are on a long term basis just to have some
process. When it is time for the money to be
is the Capital Budget, this City Commission
it, this is nothing but merely a plan.
order in the
expended which
has to approve
RT 62 11/18/83
0 0
AN ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO.
9534, ADOPTED DECEMBER 9, 1982, THE
EXISTING CAPITA'. IMPROVEMENTS APPROPRIA-
TION ORDINANCE; AS AMENDED; INCREASING -
APPROPRIATIONS FOR SELECTED ONGOING
CAPITAL PROJECTS AND ESTABLISHING APPRO-
PRIATIONS FOR NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR
1983-84; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
October 27, was taken up for its second and final reading by
title and adoption. On motion of Commissioner Perez, sec-
onded by Commissioner Dawkins, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9756.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
30. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION
700-898 N.W. 57TH AVENUE AND 5701-5819 N.W. 7TH STREET
FROM PD-HC/7 TO CR-2/7.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 700-898 NORTHWEST 57TH
AVENUE AND APPROXIMATELY 5702-5819
NORTHWEST 7TH STREET (AKA AIRPARK PLA-
ZA), MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM PD-HC/7 PLANNED
DEVELOPMENT -HIGHWAY COMMERCIAL TO CR-2/7
COMMERCIAL -RESIDENTIAL (COMMUNITY)
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 30 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500, BY REFERENCE AND DESCRIPTION
IN ARTICLE 39 SECTION 3009 THEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Perez and was passed on its first reading by
title by the following vote-
RT 63 11/18/83
0 0
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
- - - - - - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -
31. DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF A
FIRST READING ORDINANCE FOR CHANGE OF ZONING PROPERTY
BOUNDED BY I-959 S.W. 15TH ROAD, S.W. 17TH ROAD AND S.W.
2ND COURT FROM RS-2/2 AND RG-2/5 TO CR-2/7 (See later
same meeting). (AG 13)
UNIDENTIFIED SPEAKER: (INAUDIBLE, NOT USING MICROPHONE)
Mayor Ferre: I don't know whether the Department wants to
make any changes, amendments, corrections, additions, dele-
tions, if they do then I think it is appropriate for them to
speak first.
Mr. Sergio Rodriguez: We would like to add some of the
comments that we mentioned yesterday in the workshop. At
the workshop that we held yesterday, we tried to make very
clear to the people that attended the workshop that there
are two different issues that we are talking about in
relation to this zoning change. On one hand we have the
zoning change which is the subject application that we are
discussing today by which the applicant wants to change from
RG-2/5 and RS-212 to CR-2/7. At the same time there is a
concern from the residents of the area that would like to
see an increase in their zoning classification of the prop-
erty that they now own. In relation to the zoning change of
the Pantry Pride, the area to be rezoned is approximately
60,000 square feet for an intensity of use of approximately
280,000 square feet. Let me say at the beginning of our
presentation that the Planning Department is in support of
keeping the Pantry Pride in the area, we believe it is an
important element and service to the area as it is now but
we do not believe that if the zoning were to be granted as
requested by the applicant this area will be competing with
other areas planned for office uses like the area in the
Brickell zone and the SPI-7 around the transit stations and
all the areas which are now underdeveloped and underutilized
close to the transit stations where the City Commission by
different actions in the past have established a policy of
concentrating development in those areas. In checking some
of the information that we have with the Downtown Develop-
ment Authority in relation to the absorption rate for this
type of use, the studies that they have, the latest studies
show that the absorption rate for offices for the next five
years will be approximately 200,000 square feet per year for
this type of office use. We believe that changes in the
area are inevitable, we believe that they are going to occur
eventually, we are concerned, though, that the intensity of
this proposal is too much, that the impact on the area is
way beyond what the area can accept at this point, that this
would have an impact on the traffic due to the location that
it has in relation to 15th road and it would have an affect
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on the adjacent neighborhood which is stable. The emphasis
that we have had in the past to concentrate development
close to the Rapid Transit Station would be ignored by
granting an intensity such as the one that the applicant is
proposing for this area. On a separate issue, the concerns
that the residents have that they would like to see a higher
zoning classification for their property, I think that can
be handled as a separate issue, they are not related direct-
ly to this proposal and if the Commission were to decide to
do so, they can ask the Planning Department at a future date
to undertake a study of that area to see if the area could
take higher classification but we tried to separate the two
issues all the way through. At the workshop that we had
yesterday, Mayor Ferre asked us to go into some research of
some information about the intensity and the type of devel-
opment that we have had within a certain radius, distance
from this property. Mr. Whipple is going to go into more
detail with that.
Mayor Ferre: All right, Mr. Whipple.
Mr. Richard Whipple: Mr. Mayor and members of the Commis-
sion, some of the information is still on its way down here
but we did have an opportunity to survey some of the proper-
ties per your request yesterday. Speaking to Coral Way just
for a moment, starting out from 15th Road, the first apart-
ment above 6 stories or the first building above 6 stories
was at 1801, it is a brand new building, it is one that.....
Mayor Ferre: Let me go over with the Commission what this
is all about. At the workshop yesterday I requested the
Department to give us the surrounding height on the build-
ings in the general area.
Mr. Whipple: The building at 1801 is a nine story building
of approximately 5,000 square feet per floor, it has a floor
area ratio of 1.5 and has underground parking and deck
parking. The next building going on down Coral way is a
relatively new building, glass facade, 2250 Coral way, it is
a five story building, likewise contains approximately 1.5
floor area ratio. The Terra Mark Building at 2600 Coral way
is a ten story building, again, likewise conforming to the
previous zoning of RC, is about a 1.5 floor area ratio.
Likewise is the case at Coral Way Towers, 2950, an eight
story building with parking underneath which is residential
development where the other three that I mentioned were
office development. We would like to point out with respect
to the zoning map which is at the bottom of the easel the
existing zoning configuration that exists on the subject
site. You'll notice that the red portion as indicated on
the map which is presently zoned CR-2/7 contains approxi-
mately 26,360 square feet. That is the site of the existing
Pantry Pride. What is before you today are the rezoning of
two parcels, one of which has split zoning and one accompa-
nying that, they contain in the RG-2 which is a multiple -
family district, 14,900 odd square feet. The Rs-2 which is
single family on both sides of 17th road is 33,860 odd
square feet. Also, the proposal is to close that portion of
17th road which separates the two RS-2/2 parcels which is
10,295 square feet. The significance of pointing this out
to you is that the rezoning request is for approximately
60,000 square feet of land area to go to CR-7 which is
presently zoned either RG-2 or RS-2, either multiple family
or single family. That is approximately twice the area of
the existing commercially zoned property of CR-2/7 which is
26,000. The impact, therefore, is not just one of changing
a sector number or changing zoning on a small piece of
property, the request is to change the zoning on a piece of
property that "is twice the existing zoning in that particu-
lar area. We feel that this is a very substantial impact
IL
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upon the residential development surrounding it, we have a
mass model which we will set up on the floor here just to
give you an idea of the scale of the development proposed.
For instance, we're talking about a minimum of a 50 foot
wall immediately adjacent to the single family and multi-
family residential area across 2nd Court. We feel this will
have a substantial impact and be too difficult or is not
proper by which to sustain and, quoting from yesterday,
"...protect the low density residential area." I will have
additional figures with respect to the... Well, I've got
some here... Forte Plaza which is at 1401 Brickell Avenue
which is approximately 2,000 foot radius from the subject
site, is a fourteen story structure with a six story parking
garage behind it. The office tower itself is a 2.3 FAR and
with the garage counting as floor area is a 4.65 FAR.
Mayor Ferre: All right, is this the first parcel that
you're giving us now, Forte?
Mr. Whipple: Forte, yes, sir.
Mayor Ferre: And the FAR the way we calculate it is what?
Mr. Whipple: 2.3. Please understand this is net area under
the old zoning for the tower. And per your request, if we
include all the floor area, the garage and the tower, we
come up with a 4.65 FAR.
Mayor Ferre: Now, this is the existing Forte Tower on
Brickell Avenue?
Mr. Whipple: Yes, sir. Skipping around just a moment and
moving down to 8th Street which is just a little over 3,000
feet from the subject site and utilizing Barnett Center
because Barnett Center is one of the taller and more major
structures in the area, the FAR of the tower is 2.5 and
again this is an instance where the parking garage is
behind the tower and the total FAR including the garage
would be 4.85 and the parking garage is 8 stories. Coming
back closer to 15th Road, East Brickell Tower, that's at
15th Road, one lot toward the bay off of Brickell Avenue, a
floor area ratio of 2.79, that has parking underneath the
building in a basement structure and it is 27 stories high.
Mayor Ferre: What is the gross FAR?
Mr. Whipple: 'tall, it is under ground, Mr. Mayor, we did
not compute it because it was under ground. Coming back to
the Terra Mark just for a minute, I had indicated it was ten
stories high, the floor area ratio is .... I'm sorry, that
is incorrect information there. Those are the buildings
that we were able to .... Oh, one more, Inter Terra, the
FAR of the tower is 2.75 again with a separate parking
structure for a total floor area ratio of 5.26 and we're
talking about 20 stories.
Mayor Ferre: Terre Mark is how many stories?
Mr. Whipple: Ten.
Mayor Ferre: And an FAR of 2. what?
Mr. Whipple: Well, my notes indicate it is 2.7, Mr. Mayor,
but that is not correct, it was built under RC and I'm
pretty sure it did not exceed 1.5 because there were no
variances involved with that.
Mayor Ferre: Okay, SPR Investments, Pantry
Pride, what is the FAR there that they're requesting? If
they get everything they're asking for what is the FAR?
RT
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Mr. Whipple: Well, I'm going to have to yield just a mo-
ment, I know we're talking about 280,000 square feet and I
believe that was the floor area ratio gross of 3. - I do not
have the figure with me here.
UNIDENTIFIED SPEAKER: It is my understanding that the floor
are ratio on the Pantry Pride Property would be 1.72.
Mayor Ferre: If it is 1.72 1 don't have any problems with
that portion of it. But if the gross is 3.7 I sure do.
Mr. Whipple: The 1.72 is based upon the gross area, that is
what is permitted and that comes up to the 280,000. Now, if
you're looking at a net comparison we're talking about 3
point something.
Mayor Ferre: I want to know what the net FAR beginning with
Forte, Barnett Bank, East Brickell, Terra Mar and Inter -
terra.
Mr. Whipple: If you'll give me just a moment, Mr. Mayor,
I'll compute that for you.
Mayor Ferre: And I also want the gross including - which is
the other concern that I had yesterday.
Mr. Whipple: Yes, sir, if you'll give me just a minute I'll
compute that.
Mayor Ferre: I had real concerns as I said yesterday into
the record. One is height, he's talking about a building as
tall as the 100 Biscayne Building, that's 31 stories high.
The second problem that I had was net floor area ratio and
the third problem that I had was the building itself with a
gross including all the garages and all of that. Now, I
don't have too much of a problem with height, I can overcome
that problem and if you're telling me that the net FAR is
1.72 then I'm not overly concerned about that, but I need to
know what the gross is.
Mr. Guillermo Socaras: Mr. Mayor, my name is Guillermo
Socaras, I live at 201 Crandon Boulevard, Key Biscayne.
If ..... (INAUDIBLE)
Mayor Ferre: No, gross, including the garage and the com-
mercial, including everything. Forte Towers is 4.6, Barnett
is 4.8, Interterra is 5.26 and I need to have that.
Mr. Whipple: Mr. Mayor, comparing the apples, as far as I
can go, I do not have the square footage of the proposed
garage, but the tower as proposed, 280,000 square feet
including the existing CR area, the total lot area of the
site - 3.26 net and that is without the parking garage.
That also includes the area of the street.
Mayor Ferre: Well, I'll tell you, I need to have that
figure personally before I get anywhere close to voting on
this.
Mr. Whipple: Well, Mr. Mayor, we have been looking at
preliminary plans, I'll be glad to try to compute it right
now but I would.....
Mayor Ferre: If you want me to go onto the next item I'll
go onto the next item and you come back. I need to know
what the gross is as compared to Forte, Barnett, Interterra,
Terra Mark, any of those buildings. I don't care about the
underground, I'm just talking about the volume metric magni-
tude of this building. We'll go on to Item 17.
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— r r r - — - — - r - — - - -- i i i - — - fi r- r r -- r
32. VACATE AND CLOSE ALLEY BOUNDED BY N.W. 19TH STREET, N.N.
14TH AVENUE AND WAGNER CREEK.
r�rllirrrr..r�ri►-------------------i i-------r---ii.i a -- Q..— ---rr
Mayor Ferre: Item 17, does anybody have any problems with
this? Does anybody want to speak to it?
Mr. Mark Bisbane: My name is Mark Bisbane, I'm the attorney
for Julius Starsky. I'm here as a matter of record.
Mr. Gary: You're in support?
Mr. Bisbane: Yes.
Mayor Ferre: The reason why we held it up last time was
because of Plummer's Olive Trees, isn't it?
Mr. George Campbell: I believe that's correct, yes, sir.
Mayor Ferre: And I think you were going to look into see
what you wanted to help the City.
Mr. Bisbane: Yes, I met with Commissioner Plummer and I
agreed to donate to the City 50 ficus trees and Commissioner
Plummer had no problem with that.
Mayor Ferre: You're going to be donating to the City 50
Ficus Trees so that we can......
Mr. Plummer: Excuse me, Mr. Mayor, that's not what Commis-
sioner Plummer wanted. That's what you want to donate to
the City, 50 Ficus Trees?
Mr. Bisbane: Yes.
Mr. Gary: And you're admitting that you are voluntarily....
Mr. Bisbane: Voluntarily, yes. The attorney that was here
the last time did not understand he had the authority to
commit for the owner.
Mr. Gary: Thank you.
Mayor Ferre: What is the size of the alley again, Mr.
McManus?
Mr. Campbell: This alley that is being closed is one that
was dedicated many moons ago.
Mayor Ferre: I'm not asking you that question, sir. I'm
asking you the size of it.
Mr. Campbell: Oh, I beg your pardon, it is 10 feet wide.
Mayor Ferre: By how long?
Mr. Campbell: Approximately 196 feet.
Mayor Ferre: Okay, now, these Ficus Trees that you're going
to donate, you're not talking about little Ficus Trees?
Mr. Bisbane: No, they're at least 6 feet high.
Mr.. Gary: I think he's going to make them 8 feet, I think
that's what he talked about.
RT 68 11/18/83
Mr. Bisbane: 6 to 8 feet, that's no big deal, 8 feet.
Mayor Ferre: Hey, do you know what a little Ficus Tree, 8
feet, it's worth about $15 - $20. We're talking about
something meaningful in beautification.
Mr. Bisbane: I want to make sure that they are of a size
that will continue to grow and will not die, 6 to 10 feet,
somewhere in that neighborhood.
Mayor Ferre: Is there a motion on Item 17 with that condi-
tion?
Mr. Gary: I might add this is a Section 8 project.
Mr. Bisbane: For the elderly.
Mr. Gary: And I think this is the same one that you told us
to go and try to get.
Mr. Carollo: No, it isn't the same one but it is close to
it.
Mayor Ferre: There is a motion and a second, is there
further discussion on 17 with the volunteered trees as
proffered voluntarily?
Mr. Carollo: Hey, Howard, next time you sit down to see if
you can get the people to volunteer the trees. All right?
Don't let Plummer do it.
Mayor Ferre: I don't mean to be disrespectful to your
clients, and we're very grateful, but you know, a 6 foot
Ficus Tree I think you can buy for about $10.
Mr. Bisbane: I'm not sure of the prices, but I did not
understand that.
Mayor Ferre: I am. A Ficus Tree is about the cheapest tree
there is and a 6 foot Ficus Tree in a pot is about a $10
tree.
Mr. Bisbane: Fine, we'll make it 10 feet.
Mr. Gary: Based on his discussion with me, Mr. Mayor, I'll
make sure that they are trees that will live and a nice
size.
Mayor Ferre: All right, further discussion? Call the roll.
RT
11/18/83
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The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 83-1080
A RESOLUTION CLOSING, VACATING, ABANDON-
ING AND DISCONTINUING THE PUBLIC USE OF
THE ALLEY LOCATED + 130.22 FEET WEST OF
THE WEST RIGHT-OF-WAY LINE OF NORTHWEST
14TH AVENUE AT NORTHWEST 19TH STREET AND
RUNNING SOUTH OF THE SOUTH RIGHT-OF-WAY
LINE OF NORTHWEST 19TH STREET FOR A
DISTANCE OF + 140.31 FEET TO A POINT AT
WHICH SAID ALLEY TURNS WEST AT AN AP-
PROXIMATELY 90 ANGLE AND CONTINUES FOR
A DISTANCE OF + 55.94 FEET TO THE LIMIT
OF THE PROPOSED PLAT; AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT #12139 "T.M.
ALEXANDER SUB".
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Carollo, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
33. GRANT EXTENSION OF TIME FOR CONDITIONAL USE TO CITY
NATIONAL BANK OF MIAMI, 25 N.W. MIAMI COURT AND 25 WEST
FLAGLER STREET.
Mayor Ferre: The next item is 19 which is City National
Bank of Miami. This is an extension of time. Is the appli-
cant here?
Mr. Robert H. Traurig: Yes, sir.
Mayor Ferre: Counselor, I guess Plummer's question is why
do you need an extension of time.
Mr. Traurig: In our letter to the City Manager requesting
these extensions we submitted to you that substantial pro-
gress has been achieved in terms of project planning, we've
negotiated the contracts with the construction manager, we
have been working on our final plans, we have been negotiat-
ing the construction loan, we have done the soil borings and
so forth and we are prepared to commence construction short-
ly but we have not been able to complete it within the six
month period.
Mayor Ferre: This is Mr. Armando Codina's, who is the
Chief....
Mr. Traurig: This is not the project for Mr. Codina on
Flagler Street ':.e Southeast First Street, this is the parcel
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of property that backs up to the existing City National Bank
Building and across the street to the east of the Court-
house.
Mayor Ferre: I see. All right. And who are the principles
in this?
Mr. Traurig: These are principles from London, it is called
Thames Investment.
Mayor Ferre: Oh yes. Does anybody have any problem with
this? All right, is there a motion for extension of time?
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 83-1081
A RESOLUTION GRANTING A ONE-YEAR EXTEN-
SION OF A CONDITIONAL USE AS LISTED IN
ORDINANCE NO. 68719 ARTICLE XV, SECTION
2(8)(aO TO PERMIT CONSTRUCTION OF A 13-
STORY PARKING GARAGE AS PART OF A 36-
STORY MIXED USE RETAIL/GARAGE/OFFICE
STRUCTURE CONNECTED TO AN EXISTING 12-
STORY OFFICE BUILDING (CITY NATIONAL
BANK BUILDING), LOCATED AT 25 NORTHWEST
MIAMI COURT AND 25 WEST FLAGLER STREET,
ALSO DESCRIBED AS LOTS 51 6, 12 AND 139
BLOCK 115N, MIAMI NORTH, (B-41) AS PER
PLANS ON FILE; ZONED C-3 (CENTRAL COM-
MERCIAL). THIS CONDITIONAL USE IS IN
CONJUNCTION WITH A VARIANCE FOR HEIGHT,
NUMBER OF OFFSTREET LOADING SPACES AND
PERCENTAGE OF OFFSTREET PARKING SPACES,
AND A PETITION FOR REDUCED OFFSTREET
LOADING SPACES.
(Here follows body of
ted here and on file
the City Clerk.)
resolution, omit -
in the Office of
Upon being seconded by Commissioner Perez, the
tion was passed and adopted by the following vote -
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
Commissioner J. L. Plummer, Jr.
E
0
---r-r-------------------------�..i
34. GRANT EXTENSION OF TIME FOR VARIANCES CITY NATIONAL BANK
OF MIAMI, 25 N.W. MIAMI COURT AND 25 WEST FLAGLER
STREET.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r - - - - - - - - - ---------
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 83-1082
A RESOLUTION GRANTING A ONE-YEAR EXTEN-
SION OF A VARIANCE AS LISTED IN ORDI-
NANCE NO. 6871, ARTICLE XV, SECTION 6(1)
AND ARTICLE XXIII SECTIONS 2(2)(a),
7(4)(a)(1) AND 7(4)(c)(1) & (2) TO
PERMIT CONSTRUCTION OF A 36-STORY MIXED
USE RETAIL/GARAGE/OFFICE STRUCTURE
(CONNECTED ON TWO FLOORS TO A 12-STORY
OFFICE BUILDING) WITH A HEIGHT OF 425'
(300 PERMITTED); 4 OFFSTREET LOADING
SPACES (5 REQUIRED); AND 63% COMPACT
SPACES (40% ALLOWED) LOCATED AT 25
NORTHWEST MIAMI COURT AND 25 WEST
FLAGLER STREET, ALSO DESCRIBED AS LOTS
59 61 12 AND 13, BLOCK 115N, MIAMI NORTH
(B-41), SUBJECT TO THE VOLUNTARY DEDICA-
TION TO THE NORTH 10' OF LOTS 5 AND 6
AND ALSO THE SOUTH 5' OF LOTS 12 AND 13
AND REVISED PLANS SUBMITTED TO THE
PLANNING AND ZONING BOARDS ADMINISTRA-
TION DEPARTMENT; ZONED C-3 (CENTRAL
COMMERCIAL), THIS VARIANCE IS IN CON-
JUNCTION WITH A CONDITIONAL USE FOR A
PARKING GARAGE AND A PETITION FOR RE-
DUCED OFF-STREET LOADING SPACES.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
35. REVIEW OF VARIANCE PREVIOUSLY GRANTED TO PERMIT ALTERA-
TIONS ADDITIONS TO APARTMENT TO HOTEL OFFICE COMPLEX
LOCATED 801 S.E. BAYSHORE DRIVE KNOWN AS "FOUR AMBASSA-
DORS".
Mayor Ferre: Item 21. Carl Hoffman, attorney for the four
Ambassadors. This permits alterations and additions to
existing apartment/office complex making the lot coverage 36
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rather than 28.69 with an FAR of 3.65. Are the applicants
here on Item 21?
Mr. Aurelio Perez: You may remember, Mr. Mayor, that
throughout the years you have been extending this variance
to the Four Ambassadors on a so -many years basis.
Mayor Ferre: Oh, this is the same thing that comes up over
and over.
Mr. Dawkins: Hold it. Isn't this the Four Ambassadors
where across the street they have parking space, and now
you're putting a building up?
Mr. Perez: That is correct, and the agreement calls for...
Mr. Dawkins: And they used to park cars across there,
right?
Mr. Perez: They are parking....
Mr. Dawkins: And now they no longer have this and now you
want me....
Mr. Perez: Mr. Commissioner, the agreement calls for when-
ever that parcel is developed that parking will be provided
within the development. Mr. Whipple has something to say
about that.
Mr. Richard Whipple: That is the case, as Mr. Perez indi-
cated, and as you know, the Tishman Spire Project which has
been before this Commission does accommodate that provision
that that parking will be provided for the Four Ambassadors
in the amount, I believe it was 227 spaces or something like
that.
Mr. Dawkins: Okay, then if they're going to provide the
parking I don't have to waive 803 parking spaces because it
is going to be provided.
Mr. Whipple: Well, it is provided but it necessitated a
waiver because it was not site and you're extending that
waiver time period so that that may be provided across the
street.
Mr. Gary:- If I may, Commissioner Dawkins, this is the
current situation regardless of whether they're building a
building or not and what we're saying is we want to continue
it but we're going to even make it better regardless of
whether they're going to build the building or not because
now they waiver they've been having for 227 spaces are now
going to be provided in the new building where before it was
not even provided. It is our recommendation that we go with
this because they already have that benefit but we're going
to not remove it as a benefit once the new building is built
because they would have the 227 spaces in the new parking
structure.
RT 73 11/18/83
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The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 83-1083
A RESOLUTION EXTENDING RESOLUTION NO.
73-184, ADOPTED FEBRUARY 22, 1973, BY
EXTENDING THE TIME PERIOD FOR REVIEW BY
THE CITY COMMISSION OF THE WAIVER OF THE
FULL NUMBER OF PARKING SPACES REQUIRED
FOR A DEVELOPMENT LOCATED AT 801 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA, FOR AN
ADDITIONAL PERIOD OF THREE YEARS.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
36. ACCEPT PLAT - "GENESIS SUBDIVISION".
Mayor Ferre: Is there a problem on 23?
Mr. George Campbell: Mr. Mayor, there is no problem on 23,
they have met all the criteria for the plat.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 83-1084
A RESOLUTION ACCEPTING THE PLAT ENTITLED
GENESIS SUBDIVISION, A SUBDIVISION IN
THE CITY OF MIAMI, ACCEPTING THE DEDICA-
TIONS SHOWN ON SAID PLAT, AND AUTHORIZ-
ING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
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74
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0
11
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
--..----------------------------------------.Yr �Y��� iir��ii►i..��ii
37• CONTINUED DISCUSSION AND AGAIN TEMPORARY DEFERRAL OF -
CONSIDERATION OF CHANGE OF ZONING PROPERTY BOUNDED BY I
95, S.W. 15TH ROAD, S.W. 17TH ROAD AND S.M. 2ND COURT
FROM RS-2/2 AND RG-2/5 TO CR-2/7. (See later same meet-
ing).
----------------------------------------------------------
Mayor Ferre: We're back to the Pantry Pride which is Item
13. The specific question is what is the net FAR and what
is the gross FAR excluding obviously the subterranean space
which doesn't add to the volume.
Mr. Whipple: Mr. Mayor, I believe I gave you a 3.21 for the
net FAR....
Mayor Ferre: You gave me a 3.26.
Mr. Whipple: I'm sorry. And excluding the subterranean
parking it is estimated there is 160,000 square feet in the
parking part of the structure which would be a 5.14 gross,
approximately 440,000 square feet.
Mr. G. Fletcher: Mr. Mayor, we have also calculated it in a
similar fashion and we find that the floor area ratio times
the net area works out to 3.2. The floor area ratio times
the gross area of the property works out to 1.72. The floor
area ratio with the parking garage....
Mayor Ferre: 1.72 is the net?
Mr. Fletcher: Well, we're talking about different types of
nets and gross, I'm afraid.
Mayor Ferre: You'd better listen to this, Whipple.
Mr. Whipple: Well, may we clarify, Mr. Mayor, when you are
talking about net and gross you're talking about the tower
versus the net land area and when you're talking about gross
you're talking about the tower plus the parking against the
net land area. I understand what you're asking and that's
the way I've been responding.
Mr. Fletcher: All right, I'm hoping I'm responding in the
same fashion, because we have additional figures that I'll
just go over again. The floor area ratio times the net area
is 3.2 which I believe, Dick, you said 3.21 so we're very
close on that. The floor area ratio versus the gross area
is 1.72. The floor area ratio with the parking garage times
the net area is 5.2, the floor area ratio without the com-
mercial - which incidentally the City wants us to make an
attempt to keep there, the Pantry Pride and the other com-
mercial facilities that we hope to provide - will end up
with a 4.4 floor area ratio if you take out the commercial
which the City wouldn't like to see I'm sure. So I think
now we have the figures. Mr. Whipple, did yc;a have any
further or did you want me to....
Mayor Ferre: No, that is the information I basically want-
ed. In other words, the point that I wanted to establish in
my mind, whether or not this would be the largest project of
its size anywhere in the vicinity and the answer is yes.
This is a project in magnitude similar to the projects that
have been going up in downtown Miami.
RT 75 11/18/83
Mr. Whipple: Yes, Mr. Mayor, that's correct.
Mr. Fletcher: I'm sorry, did you want me to proceed at this
point or has the Department not finished?
Mayor Ferre: Is the Department finished? So your position
is what, now?
Mr. Rodriguez: Our position is that the intensity is too
much, that a sector number of a lower level would be more
acceptable.
Mayor Ferre: Such as what?
Mr. Rodriguez: Sector 5. It would be in conformance with
existing sectors which are adjacent to the property, that
the issue of the residential density is a separate issue
from this and that we can address that issue separately in
another study if you so desire, that the impact created by a
development of this nature would be tremendous in that area
and that will precipitate development away from the areas of
concentration in downtown, Brickell and the stations towards
this area.
Mayor Ferre: Let me ask you what the impact would be if it
went to a Sector 5 zoning rather than.... In the first
place, they already have a Sector 7 in one portion of it.
You're not recommending that that go down?
Mr. Whipple: No, sir, I believe that should stay.
Mayor Ferre: And as I understand it they've got a right to
go 50 feet into the next lot.
Mr. Whipple: It's not a right, it takes a special exception
under the new ordinance by which to extend that zoning into
the adjacent property.
Mayor Ferre: Okay, so if we were to extend what they have
in Sector 7 50 feet those lots there are how....
Mr. Whipple: It is approximately 150 feet between the
existing zoning line of the CR which is the southeasterly
edge of the blue to 2nd Court.
Mayor Ferre: Yes, it is 150 feet. So if they would be
allowed to extend under the law, if the Commission so de-
sired, 50 feet, that would then leave an area that would be
100 feet deep which is what you're basically talking about
for Sector 5. Is that correct?
Mr. Whipple: Yes, sir, except we were suggesting the possi-
bility of the Sector 5 over the remainder of the property,
not just the 50 feet.
Mayor Ferre: I understand, but the Commission may go - I'm
just looking for alternate solutions - if the Commission
were to give them the 50 feet that they could ask for and
the Commission could grant, which is within the Code, we
have that right without granting a variance, we just have to
give them the right to do that which is not quite the same.
Okay? Now, that would, therefore, leave a strip which would
be 100 foot deep that you're recommending or that would be
Sector 5. Now, when they build a building on top of that
they would have to average that out, wouldn't they?
Mr. Whipple: Yes, sir.
Mayor Ferre: And what would be the end result of that?
L.
RT 76 11/18/83
0 0
Mr. Whipple: You threw me a curve with the 50 feet, I would
have to ....
Mayor Ferre: I didn't throw you a curve, I told you about
that yesterday when you mentioned it.
Mr. Whipple: No, sir, I have the calculations for the
Sector 5 but I did not do it for the 50 foot transition as
you suggested.
Mayor Ferre: Well, when we went back there and I said,
"Figure out where the middle ground is on this"... See, I
didn't know what the volume metric aspects, but when I saw
that drawing there and I saw the size of that garage I
guessed that you would end up with a very large gross square
footage.
Mr. Rodriguez: I want to make you aware, in case we are
talking on something different that the special exception
would have to go through the Zoning Board again and they
have to make a recommendation.
Mayor Ferre: You mean for the 50 feet.
Mr. Rodriguez: Yes. So there is nothing that you could
guarantee at this point.
Mayor Ferre: This Commission can decide, however, whether
it goes to Sector 5, 6 or 7.
Mr. Rodriguez: Yes, sir.
Mayor Ferre: They are requesting a Sector 7.
Mr. Rodriguez: Right.
Mayor Ferre: You're recommending a Sector 5. If we go to a
Sector 5 instead of a 280,000 square foot building you're
down to 100 and some odd thousand square foot building.
Mr. Rodriguez: Right.
Mayor Ferre: And Sector 6, as I recall, was about 200,000
square feet.
Mr. Rodriguez: Dick, °o we have those figures? We'll give
you that.
Mayor Ferre: See, they already have Sector 7 in one por-
tion.
Mr. Rodriguez: In a portion, a very small portion.
Mayor Ferre: About a third of the whole property. If they
get a Sector 6, what do they end up? We can do that legal-
ly, can't we?
Mr. Rodriguez: You can do that legally.
Mayor Ferre: The Commission can grant a Sector 5, 6, or
Sector 7. So the question is if we give them a Sector 6 with
what they have already up in the upper curve area, what kind
of a building can they put up there?
Mr. Rodriguez: We'll give you that right away.
Mayor Ferre: Let me tell you also where I'm coming from, I
just want to put it on the record because I know the neigh-
bors are all here. I'm going to tell you right now I am not
RT 77 11/18/83
0
16
.
voting for a Sector 7 for
under no circumstances will
telling you that right now.
could go for a Sector 5 or a
with that.
the rest of that neighborhood
I vote for Sector 7. I am
Now, I would go, I think I
Sector 6, I've got no problem
Mr. Gary: They say they'll take it.
Mayor Ferre: I know you'll take it, I would too. That's a
lot better than the Sector 2. I'll tell you, I'm not wor-
ried, Mr. Socarasso, we can understand each other, I am not
worried about the tower. I am worried about the volume of
the parking garage in the Pantry Pride Project.
Mr. Socarasso: Let me address two important points, (1)
parking that you mentioned. We are providing 105 additional
parking on this project for the clients, providing addition-
al parking, more than is required under the Code. Okay?
Why? Because we find that all of the big office buildings
here in Miami lack parking. I mean to reduce that parking
we can do it, there is no problem, I think that will be an
inconvenience and would be against the convenience of the
future tenants of the project. The second point that I want
to address, Mr. Mayor and Commissioners - and let me move
over to the map. In the map that I provided for you in
color, all the green areas are Sector 7. Okay? There is
nothing to prohibit anybody to come in with a project simi-
lar or bigger than mine, it is there under the Code, the
zone recommended by Planning across the street.
Mayor Ferre: I'll tell you why they couldn't. Because they
could not put together as large a property and vacate the
streets, with the exception of 14th Street. 14th Street
could be closed, and you're right. That is a strong argu-
ment, Mr. Whipple. That is a strong argument.
Mr. Socarasso: And even on the west side of the express-
way, you can see a piece there that even though they cannot
put a big piece together....
Mayor Ferre: See, there you're wrong because you couldn't
close off Coral Way.
Mr. Socarasso: I know that.
Mayor Ferre: But your argument on the other side is valid.
See, 13th Street dead ends. If somebody were - S. W. 13th
Street dead ends on the rapid transit. Is that right? No?
How about S. W. 14th Street, is that dead end? But the
point is if somebody could put together a piece of property
just as large and they have a Sector 7 density there, so
that is a very strong argument.
Mr. Whipple: Well, Mr. Mayor, we're talking about re -zoning
60,000 square feet of property that does not exist under a
Sector 7 on the books today. We're talking about an addi-
tional 60,000 square feet of a 7 Sector where we only have
26,000 square feet in a Sector 7 now. That is again the
point that we were trying to bring to the Commission's
attention. We are talking about an additional 60,000 square
feet for a re -zoning.
Mayor Ferre: In addition to the 26,000 that they have.
Mr. Whipple: That's right, yes, sir.
Mayor Ferre: They have 26,000, they're asking for 60,000
more?
Mr. Whipple: Yes, sir.
RT
78
11/18/83
Mayor Ferre: But the point that he is making is that right
across the street on 15th Road there is a Sector 7 density
area which is in green. Now, I reject his argument about
the western portion because I think that is a little bit
different, but I mean that whole area in blue, brown and
green is all Sector 7.
Mr. Whipple: Well, for the benefit of the rest of the
Commission, as the Department, we pointed out yesterday,
we're talking about Coral Way, 3rd Avenue making a turn
heading down to Brickell Avenue which is 13th Street and it
was suggested that we ignored this corner and that we didn't
make it a Sector 7 as it is along 13th Street and we pointed _
out that, in fact, there exists a CR-2/7 on the corner which
is the 26,000 square feet. We do feel, however, that a
Sector 7 immediately adjacent to the residential area that
we're talking about to the southeast is not appropriate.
There is between the RO-3/7 along 13th Street across 15th
Road it is an RG-2/5 because of the residential area. This
is a scaling down, an accommodation, if you will, with
respect to that residential area.
Mayor Ferre: Yes, but then see Whipple, you and I both know
that because of the special characteristics of a rapid
transit on one side and an expressway on the other that
whole pocket has very special characteristics and, you know,
I'm telling you right now and just so that we can get that
portion over with, I'm willing to make a motion right now
that the Department be instructed to immediately restudy
that area because of the circumstances that have now been
pointed out for the purposes of bringing up the zoning to a
higher density.
Mr. Whipple: Mr. Mayor, the Department will be glad to do
that study. I would like to seriously suggest that a revis-
it to the area, if you will, be done and a decision on that
study and the direction of that study be made accordingly.
The opportunities that staff has taken many many times to
get into that area, not just the residential area but the
character of Coral Way going from Brickell on around the
curve and on down to Five -Points. This is quite a different
character than what we're talking about with the proposal
here today with this re -zoning. Now, you were absolutely
correct earlier, in my opinion, that yes, we're talking
about a downtown building at the curve of 3rd Avenue and
13th Street and we feel that this is not proper and we feel
that the scale is too much and I think if we revisited the
area you would see that it would be out of character with
the rest of Coral Way and the surrounding area.
Mayor Ferre: Okay, are you kind of wound up? Finished?
Mr. Fletcher: Mr. Mayor, thank you. I just have a few
comments. I'm not a planner, I'm an attorney but I can see
carefully what the map that we've given you shows and it
shows a very unusual configuration for any neighborhood in
the City of Miami and almost anywhere that I know. Here is
an area in orange on your map and our red piece that we're
asking on the zoning on. That is absolutely blocked in by
the rapid transit on the one side, I-95 on the other, nei-
ther of which is something that you would consider an ele-
ment of beauty for the single family homes in the are to be
watching. Seven Sectors on the other two sides, Seven
intensity levels on the other two sides, that is not a
classic single family neighborhood that is designed to be
preserved forever. That is a growth area, that is a transi-
tion area of the City of Miami. Reflecting that, as you
know, the citizens in this area have come forward them-
selves. The citizens that the Planning Department purports
RT 79 11/18/83
T
to be protecting have come down to you and said, Don't leave
us single family in the area, that's not what it should be,
it's not intended to be that now by all levels of growth
I've ever seen in Planning Law, Mr. Mayor.
Mayor Ferre: Yes, but everybody agrees to that.
Mr. Fletcher: Now, as far as the intensity level is con-
cerned, on our property we already have a 7 Sector on part
of it. Our plans call for a very rational development of
the area on the basis of a 7 Sector and we are committed to
that proposition and that is the request that we have. Now,
Mr. Mayor, if I could reiterate, one of the reasons that we
have that intensity level is because of the attempt to work
with Pantry Pride to preserve what is an obvious community
asset.
Mayor Ferre: I think that is another good argument that you
have on your side... No, that is. Now, we could ask them
to remove Pantry Pride and then it gets down to a 4.4 but I
don't think that serves the well-being of that community.
Mr. Fletcher: Even the Department has agreed with that
throughout the year we have negotiated. I don't wish to see
a study slow us down again, we pointed all this information
out to the Department one year ago when we first came down
and tried to deal with the Department with this area and
said this is an unusual area. For heaven's sakes, anyone
who looks at it can see it is an unusual area.
Mr. Carollo: How far is this piece of property from the
elementary school on Coral way there, is it about a block, a
block and a half?
Mr. Fletcher: It must be about two blocks. You mean on
15th?
Mr. Carollo: Well, the elementary school that part of it
faces Coral Way.
Mayor Ferre: The elementary is on 13th.
Mr. Fletcher: Mr. Socarasso advises me it is about 5
blocks.
Mr. Carollo: No, it can't be that.
Mr. Fletcher: The one by Brickell avenue, just a block off
Brickell Avenue?
Mr. Carollo: Yes.
Mr. Fletcher: It is about....
Mayor Ferre: Well, what is it, you've got the photograph
right there? Three blocks away.
Mr. Carollo: You're approximately what, three blocks away
from Brickell?
Mayor Ferre: No, more.
Mr. Fletcher: About 4 blocks away.
Mr. Carollo: Four blocks away from Brickell there.
Mr. Fletcher: There are some very small blocks in there
that couldn't very much be counted as blocks, the triangular —
portion there. _
RT 80 11/18/83
-
Mr. Carollo: I'm a little hesitant with the size of the
project, but at the same time I realize that this is a
unique piece of property and when you talk about the resi-
dential aspect of it, that whole area from the expressway to
Brickell, the whole South Miami Avenue area is all going
commercial drastically and you're not going to have any kind
of residential areas there in the near future, in fact, what
little you have now is disappearing every year. So as far
as the residential aspect of it, that doesn't concern me
because this not like if you are putting a project such as
this in a true residential neighborhood. That is really the
reason that we have a unique situation where the residents
of the area, the ones that are left, want to see the Commis-
sion pass this because they're trying to find a way where
they could get out of that neighborhood themselves and make
the maximum on their property. Mr. Mayor, do you feel that
before we go into the 5 O'Clock hearing we're going to have
some time to spare?
Mayor Ferre: I think this is this is the only thing left
between now and 5 O'Clock.
Mr. Carollo: Well, let me say this: I'm leaning in voting
for the project but if this Commission could spare 15 min-
utes, I'd like to go over that area one more time and have
one last first hand look to convince myself that what I'm
saying, it is a fact, that I'm not going on some erroneous
information.
Mayor Ferre: I think that is a valid request. Shall we
reconvene here at a quarter to five?
Mr. Carollo: It's just too big of a decision to make in
haste.
Mayor Ferre: Is there anything else, Mr. Manager? Or is
there anything else that we have before the 5 O'Clock hear-
ing?
Mr. Fletcher: Mr. Mayor, one sentence before we part, if I
may, Mr. Mayor, and that is, Mr. Carollo and others, when
you look at the property, if you'll look at it through my
eyes, as I see it when I go down there, it is a residential
neighborhood but it is one that is locked in and the neigh-
bors want out of, that once it is determined that that is a
fact that the people don't want to have the residential
situation they have then the intensity level of the project
becomes a different animal than as if these people were
going to stay there in their single family homes.
Mayor Ferre: Commissioner Dawkins, here is where we are.
Mr. Dawkins: I heard it, Mr. Mayor.
Mayor Ferre: I got all the answers to the question that I
had. Yesterday I was an hour and a half here listening to
all of this. I came out with three concerns: (1) is the
building too high; (2) is the net FAR too much; (3) is the
bulk of the garage and the Pantry Pride and everything too
bulky, just too big a structure for that residential neigh-
borhood; and (4) how about the rest of the area? Now, my
tentative conclusion of it was this, I'm not worried about
the height because frankly, I've never been concerned wheth-
er a building is 250 feet high or 310 feet high because once
it gets that high it frankly doesn't make that much of a
difference whether it is 50 or 60 feet higher. I think what
does concern me is the density on that particular block on
that curve in that residential community. That is why I
asked for the density of the other buildings there. Now,
the gross density, that is everything above the ground - I'm
RT 81 11/18/83
0 0
not counting the stuff underneath the ground - of the Forte
Towers, 4.6, Barnett Bank is 4.85, Interterra is 5.26 which
is the highest. They are asking for basically 5.2 so they
are basically at the level of Interterra which is 3 blocks
down. As I see it, they've got a strong argument, and the
argument is that right across the street there is already a
7 Sector density which is the green area in this map, in the
map that was passed out. Commissioner Carollo has asked, he
wants to ride down there and take a look at it before he
votes and so since we have a 5 O'Clock hearing anyway there
is no reason why we can't do that.
Mr. Carollo: Their arguments I think are legitimate but it
isn't the same thing as seeing their arguments on a map as
going to the neighborhood itself and looking at it first
hand and not when you're rushing through Coral Way.
Mr. Dawkins: Where is the attorney that is representing the
residents?
Mayor Ferre: Mike Anderson.
Mr. Dawkins: Okay, what is the general feeling of the
residents now?
Mr. Michel E. Anderson: They're in favor....
Mayor Ferre: Put it into the record, please, Mike, your
name, address, who you represent.
Mr. Michel E. Anderson: My name is Michel Anderson, I'm
attorney and my office is at 520 Brickell Key Drive. They
are in favor of this project....
Mayor Ferre: You don't speak for everyone, but you speak
for 98% is what you said.
Mr. Anderson: Right, but the rest of them, although I don't
represent them, I don't think they are in opposition to
this. As a matter of fact, those two red lots are now in
favor, so if you were to see that map now it would show
mostly green and the other would not be red. So they're in
favor of the Sector 7 and I think that the key is do you
draw the line of 15th Road just because it is a straight
line or do you draw it, you know, we like to draw straight
lines but in this case the line has to come to a point I
think because of the boundaries that were built up there.
Mayor Ferre: Because of the expressway and the rapid tran-
sit.
Mr. Anderson: Exactly, right. That is the unusual situa-
tion, normally you draw a straight line.
Mayor Ferre: Okay.
Mr. Dawkins: Do you agree, the lady in the white? Miss?
Ms. Anne Beyer: My name is Anne Beyer and I live at 221 S.
W. 17th Road and I've lived there for 35 years, a lovely
home, a lovely section. I'm in favor of this project pro-
viding we get the rezoning, otherwise they tell me we want
commercial/residential. So if they get it we want it.
Mayor Ferre: No, you're not asking for commer-
cial/residential.
Mr. Anderson: They're asking for the RO zoning.
RT 82 11/18/83
Mayor Ferre: RO, but the question is at what intensity.
Now, I have already said into the record that I am not for
an RO-7 because I think that is too much. Now, if what
you're talking about is an RO-5 I don't have any problems
with that.
Mrs. Aselone: Mr. Mayor, my name is Mrs. Aselone, I spoke
to you yesterday. I live at 1600 S. W. 2nd Avenue. I have
been a resident there for 25 years. A little bit ago you
said you'd give us 6, we'll take 6 and we'll run.
Mayor Ferre: I can't determine that unilaterally, and I
didn't say 6, I said 5 or 6.
Mrs. Aselone: Well, we'll take 6 and run.
Mayor Ferre: I understand, I understand how you feel.
Mr. Dawkins. All right, Mr. Mayor, I may ride down also
like Commissioner Carollo.
Mayor Ferre: All right, we will convene here in 45 minutes.
Hold on.
Mr. Perez: Mr. Mayor, I want to make clear that I met with
the neighbors about 3 or 4 weeks ago and I support the
project, I support the project but subject to the same
condition that the neighbors are requesting. That is my
position and I want to ratify what I expressed in the last
Commission Meeting.
Mayor Ferre: yes, but legally I don't think you could
legally give them what they're asking.
Mr. Perez: That is two separate issues but anyhow I think
that we have to guarantee these people that we are going to
work in that direction and to make a formal commitment with
the neighbors of that area. That is the concern of these
people, I was there two times, I know what is the reality
there.
Mr. Dawkins: Let me clear something first, Mr. Mayor. I
said I was going down with Joe, I didn't mean I was riding
with him, I don't the Miami Herald or anybody else to get
the idea that we're violating the Sunshine Law.
Mr. Carollo: Thank you, Miller.
----------------------R--------------------------------------
38. FORMALIZING RESOLUTION ALLOCATING $989144 OF FY 83-84
FEDERAL REVENUE SHARING FUNDS TO PREVIOUSLY APPROVED
SOCIAL SERVICE AGENCIES FOR THE PERIOD FROM DECEMBER 1,
1983 TO DECEMBER 31, 1983, 1/12TH FUNDING.
------------------------------------------------------------
Mayor Ferre: Commissioner Dawkins, before you leave, we've
got the issue of Federal Revenue Sharing. What was the
issue you wanted, Mr. Manager?
Mr. Gary: Yes, sir.
Mayor Ferre: Is it before us now so we can vote on it?'
Mr. Robert F. Clark: Yes, sir. These are resolutions which
formalize the motions that were adopted on Wednesday. They
were distributed to you.
RT
83
11/18/83
• r- - - - --
0
0
Mayor Ferre: Commissioner Dawkins, this is FRS 1/12th
funding allocation for a period from December 1st through
31st, allocates $98,144. Is there a motion on that? Martin
College is a separate issue.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 83-1085
A RESOLUTION ALLOCATING $98,144 OF FY
'83-84 FEDERAL REVENUE SHARING FUNDS
APPROPRIATED BY PASSAGE OF ORDINANCE NO.
9684 TO PREVIOUSLY APPROVED SOCIAL
SERVICE AGENCIES LISTED HEREIN IN AN
AMOUNT NOT TO EXCEED 1/12TH OF THE TOTAL
RECOMMENDED ALLOCATION TO EACH AGENCY
FOR FY'83-849 FOR THE PERIOD FROM DECEM-
BER 1, 1983 THROUGH DECEMBER 31, 19839
AUTHORIZING THE CITY MANAGER TO ENTER
INTO AGREEMENTS WITH THE AFOREMENTIONED
AGENCIES, SUBJECT TO THE CITY ATTORNEY'S
APPROVAL AS TO FORM AND CORRECTNESS.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
39. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION
OF FORMALIZING RESOLUTION REGARDING $175,000 FULL YEAR
FUNDING FOR MARTIN TECHNICAL COLLEGE. (See later same
meeting).
Mayor Ferre: Now, this next motion is for Martin, it is a
resolution allocating $175,000 FY 83-84 Federal Revenue
Sharing Funds appropriated by passage of Ordinance No. 9684
to Martin Technical College -Carey Branch for the period from
december 1, 1983 through September 30, 1984, authorizing the
City Manager to enter into agreement with the aforementioned
agency.
Mr. Carollo: Wasn't this done yesterday?
Mayor Ferre: yes, but this is the formalization.
Mr. Carollo: It was a motion of intent yesterday.
Mr. Ongie: Yes.
Mr. Perez: It was a motion or a ...
RT 84 11/18/83
Mayor Ferre: As you remember, Commissioner Carey stood up,
she came up and then we clarified about your conflict and
then we voted on it. This formalizes what we did yesterday.
Mr. Carollo: I have no problem making the motion like I did
in voting for the 1/12th, but I do have a problem that we're
doing it for one program but not for all the others and that
is where, you know, I differ.
Mayor Ferre: Remember that what occurred was that - I mean
I'm just recalling for everybody's memory, I don't think you
had, you were gone.
Mr. Carollo: I was gone and someone else was gone, I think
there were only three of you here.
Mayor Ferre: And Dawkins was gone and this was a matter
where Plummer, Perez and I voted on it. And the issue was
that Commissioner Carey said that she couldn't hire her
staff and make her commitments for 1/12th unless she was
assured that she was going to get full funding and at that
point we made the motion. Now, there is some confusion on
this thing because the story in the paper this morning had
something to do with a conflict that Commissioner Perez may
or may not have and the fact is that he needs to clarify
that because he has absolutely no relationship, as I under-
stand it, but you speak for yourself.
Mr. Perez: I would like to have in the record, and to send
to the City Clerk, in order to have in the whole record the
letter I am going to send today to the Miami News Editorial
Board with all the information and I would like to have that
letter on the record before voting on this issue. At 5:00
O'Clock I'll bring back that letter.
Mayor Ferre: We'll have to deal with that then past 5:00
O'Clock.
Mr. Gary: Yes, I'll ask Commissioner Plummer to come back
down.
Mayor Ferre: I think you'd better ask Plummer to come and I
think Commissioner Dawkins ought to be present too so that
we don't have any problems on this. This is obviously a
touchy area. All right, we'll reconvene at a quarter of
five.
NOTE: The following two letters were written by Commission-
er Demetrio Perez, Jr. and are incorporated into the minutes
at his request:
November 18, 1983
Dr. Fernando Alvarez
Chairman of the board
Martin Technical College
1901 N.W. 7 Street
Miami, Florida 33125
Dr. Dr. Alvarez:
With the intention of clarifying certain information
regarding my connections with Martin Technical College
Lincoln -Marti Branch of Hialeah and not with any other
of the institutions of Martin Technical College, I would
like to make accessible to the public, if possible, the
following information:
RT 85 11/18/83
4 C
1. An affidavit from you where it is stated that I am
not in any way connected or associated with its centers
of Miami, Homestead, Liberty City or any other location,
except with the Hialeah branch which is a joint venture
of Lincoln -Marti and Martin Technical College.
2. Copy of the Articles of incorporation, names of the
members of the board of Directors, instructors, and/or
any other interested parties in other centers, which
could contribute to clarify that I am not linked in any
way to any of them.
3. Certification that I am not in any manner involved
with your new venture in Garces Commercial College.
u. Specifically, in reference to the mentioned Martin
Technical College/Carey Branch, I would like to make
available to the public, if possible, the names of all
directors, shareholders, instructors, and/or other
parties involved in the operation and administration, so
that there will be absolutely no doubt that there is no
relationship with that center in my part.
Also, at the request of a journalist, I would like for
you to make available a copy of the document which
justifies the agreement with the Lincoln -Marti Hialeah
Branch.
Very truly yours,
Demetrio Perez, Jr.
November 18, 1983
Board of Editors
The Miami News
#1 Herald Plaza
Miami, Florida
Gentlemen:
As a public man and elected official, willing to repre-
sent our entire community, I hereby would like to reit-
erate that I will always be ready to clarify whatever
question may arise to create a doubt or lack of confi-
dence.
It is for this reason that I am requesting, and expect
you will allow me do so, to clarify the headlines pub-
lished in the issue of Thursday, November 17th:
"City O.K.'s use of U.S. funds for college that
has ties to Perez"
At this time I'd like to make it very clear that I have
not any "ties" to the institution requesting those
funds, "The Martin Technical College/Barabara Carey
Branch", and to which institution I am not tied in any
way whatsoever. To that effect, enclosed therewith,
please find a copy of the letter sent to the President
of Marti Technical College requesting an affidavit to
clarify my position, that in no way, I have ever been
involved in such affairs, and to reveal the identity of
the parties involved in order to prove my absence from
that matter.
RT 86 11/18/83
Q 9
In what it may refer to my personal attitude, I'd like
to insist in my disengagement from such affair by ex-
pressing that in the local media of November 1981, Mrs.
Carey made it very clear that she was not endorsing me
in that election.
Mrs. Carey left a copy of her proposal in m office which
I still keep in my files. I think her project is most
laudable and positive because it represents a continua-
tion of our struggle against unemployment and vocational
rehabilitation.
Finally, I'd like to reiterate t1,at I have nothing to do
with that project for which reason i also wish to kindly
request a clarification of this matter to avoid a dis-
torted information that may jeopardize the credibility
of our vote. it has always been, and will always be, my
most important priority to protect the confidence my
constituents have always entrusted me and which i have
never defrauded.
For more than 12 years I have been involved in local
private education, and everybody knows it has been my
main source of income, which I have always taken care of
with pride. And these have been my personal activities
much before I entered the City of Miami Commission.
I hope your hospitality will contribute to clarifying my
information.
Sincerely, Demetrio Perez, Jr.
NOTE: THE CITY COMMISSION RECESSED AT 4:10 O'CLOCK P.M.
AND RECONVENED AT 5:15 O'CLOCK P.M. WITH ALL COMMISSION-
ERS PRESENT.
40. FIRST READING ORDINANCE - CHANGE ZONING CLASSIFICATION
PROPERTY BOUNDED BY I-95, S. W. 15TH ROAD, S. W. 17TH
ROAD AND S. W. 2ND COURT FROM RS-2/2 AND RG-2/5 TO CR-
2/7. (See earlier same meeting.)
Mayor Ferre: All right, under discussion, Commissioner
Carollo, do you want to add anything to the discussion on
the record?
Mr. Carollo: Yes, I would. After going very much in detail
through that complete neighborhood and complete area I'm
more convinced than ever that we're making the right deci-
sion here today in going forth and endorsing the position
the Zoning Board has taken. The residential area that is
behind the proposed property is very small, but if you see
the area it is deteriorating extremely and it is all sur-
rounded by a commercial area and the only way that it could
go is commercial. In fact, if we don't go ahead and change
also the zoning like the neighbors are requiring of their
neighborhood I think eventually what you are going to have
there is a neighborhood that is going to deteriorate even
more so than what I've seen there and I just think that the
best decision that we could be making for this City, for the
neighbors involved also is to go ahead and make a complete
change in zoning in the area.
Mayor Ferre: All right, any other discussion at this point?
Any other statements? Any questions? All right, what is
the will of this Commission?
RT
9E
11/18/83
Mr. Carollo: Mr. Mayor, I'll make the motion that we uphold
the Zoning Board's recommendation.
Mayor Ferre: All right, is there a second?
Mr. Plummer: Second the motion.
Mayor Ferre: Plummer seconds the motion. Is there further
discussion? All right, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDI-
NANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
LOTS 49 5 AND 61 BLOCK 16, AND PORTIONS
OF LOTS 18, 19 AND 20, BLOCK 17,
HOLLEMAN PARK (8-23), MIAMI, FLORIDA,
FROM RS-2/2 (ONE FAMILY DETACHED RESI-
DENTIAL) TO CR-2/7 [COMMERCIAL -RESIDEN-
TIAL (COMMUNITY)]; AND OF LOT 7, BLOCK
16, HOLLEMAN PARK (8-23), MIAMI, FLORI-
DA, FROM RG-2/5 (GENERAL RESIDENTIAL) TO
CR-2/7 [COMMERCIAL -RESIDENTIAL (COMMUNI-
TY)], BEING THE PROPERTY BOUNDED BY THE
I-95 EXPRESSWAY, SOUTHWEST 15TH ROAD,
SOUTHWEST 17TH ROAD AND SOUTHWEST 2ND
COURT, MIAMI, FLORIDA, BY MAKING FIND-
INGS; AND BY MAKING THE NECESSARY CHANG-
ES ON PAGE NO. 37 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Plummer and was passed on its first reading by
title by the following vote -
AYES: Commissioner
Commissioner
Commissioner
Vice -Mayor J.
Mayor Maurice
NOES: None.
ABSENT: None.
Miller J. Dawkins
Demetrio Perez, Jr
Joe Carollo
L. Plummer, Jr.
A. Ferre
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
Mayor Ferre: I'm voting yes with the proviso that I may
reserve a token no vote, obviously, at the next Commission
Meeting because I still have problems with the question of
magnitude of this project in that particular location. I'm
voting yes because I think there is some justification, on
the one hand on the one side you have the expressway, on the
other side you have the rapid transit. On the opposite side
you have a sector 7 density which could provide a building
of the same magnitude along that strip between the highway
and the rapid transit. I would commend to the administra-
tion that we immediately look into that whole area and re-
study the implications of what a building of this size will
do since I think what we've done by voting for this is
RT 88 11/18/83
T-
a a
brought downtown to the western Brickell Avenue area and we
have leapfrogged over all of the other area and brought it
to western Brickell Avenue and I think we had better re -look
at that whole area.
Mr. Gary: To include the DDA area?
Mayor Ferre: You want to include it in the DDA area? I
think eventually it will be included in the DDA area, yes.
Mr. Plummer: To the administration, approximately how long
before you will have the study done of the residential?
Mr. Rodriguez: You told us last time 90 days from the last
Commission Meeting, so you would have it in 90 days from
that time.
Mr. Plummer: Thank you.
Mayor Ferre: And I think you're also going to have to do a
traffic study as to what this is going to impact. I think,
Mr. Socarras stated that he wished to make some... which I
think it would be important for you to put on the record as
to what you said to me and to Mr. Gary even though that has
nothing to do with any of this, but I think it was a gener-
ous offer on your part, in addition to which I thin we're
going to have to have a traffic study andl really do think
that they should bear most of the cost of that traffic
study. I don't think it is that much anyway. How much
would a traffic study cost?
Mr. Rodriguez: I couldn't tell you, but I would say proba-
bly $30,000. The thing is that we would have to ask the
Dade County Department of Transportation to do it because we
don't have those resources within the Department.
Mr. Gary: Oh no, we can get a contractor to do it. If they
agree or this City Commission decides that a traffic study
is needed we support that, Mr. Mayor.
Mayor Ferre: We need a traffic study done, and it is going
to be for your benefit anyway, and I say if you pay half of
it I would be satisfied with that. I don't think they need
to pay.
Mr. Gary: Well, I'm sure he will be willing to pay for it,
but I would recommend, Mr. Mayor....
Mayor Ferre: If he is paying for it then he is going to
choose who is going to make the traffic study.
Mr. Gary: No, I'm sure he will volunteer that he will do
the same as Nasher and everybody, that he would give the
money to the City for us to get an objective person to do
such.
Mayor Ferre: I think, Mr. Socarras, that your building,
you've already got your financing all set up, I understand
that, but I think you'll be a lot better off in your leas-
ing, especially with major national tenants, if you have a
traffic study that is positive because I think the major
question that comes out of that is how that impacts - the
magnitude of that building at 5 O'Clock when people start
coming out of that garage....
Mr. Socarras: We were going to do the study anyway, so
fine, if the City wants to do it ....
Mayor Ferre: Let's say that it would be a joint choice so
that that way you would be happy.
RT 89 11/18/83
Mr. Socarras: Fine, because we also have certain recommence
dations that we wanted to give to the City about traffic and
maybe they could be incorporated into the study.
Mayor Ferre: There was one other condition that I wanted to
put on for Second Reading, and I want you to understand what
it is. 1 think there is no way that you can dump traffic
out on that curve. You're going to be looking at nothing
but accidents and I think that that garage entrance has to
go out on 2nd.
Mr. Socarras: The entrance to the parking decks are on 15th
road.
Mr. Carollo: Yes, that's out of the way from Coral Way
there.
Mayor Ferre: Isn't that where we had a problem with traf-
fic?
Mr. Rodriguez: We will review the access to the property
when they submit the information, the Department of Public
Works will do that with us.
Mayor Ferre: As long as the traffic engineer says that that
magnitude of traffic dumping at 4:30 to 5:00 or whenever it
is that the cars dump out of the 280,000 square foot office
building will not impact on that I've got no problems be-
cause I'm not a traffic engineer but I think he's going to
have to look at that.
Mr. Rodriguez: We'll do that.
Mayor Ferre: I vote with it. All right, what else?
Mr. Gary: I think Commissioner Dawkins would be interested,
as well as the rest of the commissioners, in what he dis-
cussed with us earlier and that's what you brought him up
for.
Mr. Socarras: Even though I think it is out of time at this
moment because I was going to bring that up at the closing
of the street, I wanted to come forward and offer that
instead of giving a few trees or some kind of a gift to the
City at the time of closing the street, I wanted to be able
to relandscape and donate some equipment for kids in a park
in the Overtown or Liberty City for little kids, for small
children and you pick a place, a park that will be suitable
or needs it very badly and Pantry Pride and my partners and
myself will be very happy to donate it to the City.
Mr. Dawkins: He's saying a "Tot" Lot, Mr. Mayor, other
children can go to the park but he's talking in terms of a
"Tot Lot". Thank you.
Mr. Socarras: And thank you for your offer, Mr. Howard.
Mr. Anderson: I wanted to know if the traffic study is
going to be available before the Second Reading and if it
will cover the entire area or just the one building?
Mayor Ferre: It is going to be the entire area.
Mr. Dawkins: I also would like to know, didn't we at the
last meeting, didn't we request that a study be completed in
90 days?
Mr. Plummer: And they're on time.
RT 90 11/18/83
a 0
Mr. Dawkins: And it's not possible to get the traffic study
done in that time to coincide wit the 90 days?
Mr. Rodriguez: But then you would not have it for the
Second Reading which will be December.
Mr. Dawkins: Okay, I just asked a question, that's all.
Mr. Fletcher: What is the Second Reading date, if I may
inquire?
Mayor Ferre: December 15th.
Mr. Fletcher: Thank you very much for your consideration.
Mayor Ferre: We now need a motion, we need to finalize on
this issue. We now need a motion from the Commission in—
structing the administration to do a study in the remaining
part of that triangular area for an upgrading of the zoning.
Mr. Plummer: We did that at the last meeting.
Mr. Dawkins: That's what is supposed to come back in the 90
days, Mr. Mayor.
Mayor Ferre: Oh, we've made that motion already?
Mr. Plummer: Yes, sir, that was at the last meeting.
Mr. Rodriguez: You didn't ask us to upgrade the area, but
to look at the area, but I think we understand what you're
saying.
Mayor Ferre: Okay. Anything else?
Mr. Fletcher: Just our many thanks, if we may tell you that
we appreciate your consideration.
----------------------...-------------------------------------
41. GRANT REQUEST MADE BY REPRESENTATIVES OF SUNSTREET
FESTIVAL COMMITTEE FOR VARIOUS WAIVER OF PERMIT FEES AND
DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $3,000 IN CONNECTION THEREWITH.
Mr. Dawkins: Mrs. Mumford, do you want to say what you're
here for, for the last time? We will not see you again.
Mayor Ferre: Mrs. Mumford, did you have something to do
with that nice poster that was....
Mrs. Mumford: Oh, yes, sir. Hello, my name is Bobbie
Mumford, I'm with the Sunstreet Festival Committee, and I
reside, I have my business at 5030 N.W. 7th Avenue in Miami.
We are here today to request waiver of fees for several
things as they relate to the Sunstreet Festival. The first
is we would like to request....
Mr. Dawkins: Hold it, let mc, because we've got a short
time. You need $1,000 fees and the beer, right?
Mrs. Mumford: Oh thank you, Commissioner, yes.
Mr. Dawkins: I move that we waive the fees...
go ahead, Mr. Gary.
I'm sorry,
RT
d
11/18/83
4 0
Mr. Gary: I think it would be appropriate that you do two
things: You waive the permit fees without a the dollar
amount on it because we haven't calculated that exact a-
mount, and secondly that you waive ....
Mayor Ferre: Permit fees for what, Gusman Hall or what?
Mr. Gary: No, the permit fees for the rides ....
Mr. Dawkins: The rides and the other little concessions on
the streets, the same thing we do for all the other festi-
vals.
Mr. Gary: And you waive the prohibition against selling
beer, and you've set the precedent with Calle Ocho and other
festivals.
Mr. Carollo: Let's just put a limit on it.
Mr. Gary: The reason I was saying, if you put a limit on it
and it is only $5 more I've got to come to you guys. We're
really talking about in the neighborhood of between $1,500
to $2,000.
Mr. Dawkins: Well, we'll put a $3,000 limit on it.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 83-1086
A MOTION GRANTING A REQUEST MADE BY
REPRESENTATIVES OF THE "SUN STREET
FESTIVAL COMMITTEE" IN CONNECTION WITH
THEIR UPCOMING FESTIVAL, BY GRANTING THE
WAIVING OF VARIOUS PERMIT FEES (rides,
beer concession, etc.) FURTHER DIRECTING
THE CITY MANAGER TO ALLOCATE AN AMOUNT
OF NOT TO EXCEED $3,000 IN CONNECTION
THEREWITH.
Upon being seconded by Commissioner Perez, the
motion was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Dawkins: Please don't come back for nothing else.
Mrs. Mumford: Thank you, see you at Sunstreet.
Mayor Ferre: Hey, you want to send me a couple of
those posters?
Mr. Dawkins: Framed.
RT
92
11/18/83
04
--r---------
42. BRIEF DISCUSSION ITEM, COMMISSIONER DAWKINS OFFICIALLY
MAKING PART OF THE PUBLIC RECORD THE FACT THAT HE IS
ABSTAINING FOR THE FUNDS TO THE MARTIN TECHNICAL COL-
LEGE.
r rri.rrra.r►r -------------------
Mr.
Mayor Ferre: Okay. Now, Mr. Perez, you wanted to make a
statement into the record on Martin College too? You said
that you were writing a letter to the Miami News and you
would have it by 5 O'Clock and you'd submit it into the
record.
Mr. Perez: I have the letter.
Mayor Ferre: Do you want to read it into the record?
Mr. Ongie: I will put it into the Minutes.
Mayor Ferre: All right.
43. FORMALIZING RESOLUTION ALLOCATING $175,000 IN FEDERAL
REVENUE SHARING FUNDS FY 83-84 TO MARTIN TECHNICAL
COLLEGE.
Mayor Ferre: Are we ready to vote on this now?
Mr. Plummer: What is the motion?
Mayor Ferre: The motion is the approval of $175,000 - I'll
read it. A resolution allocating $175,000 for FY 183-84
Federal Revenue Sharing Funds appropriated by passage of
Ordinance 9684 to Martin Technical College - Carey Branch
for the period from December 1, 1983 to September 30, 1984
and authorizing the City Manager to enter into agreement
with the aforementioned agency. That's the motion. Is
there a motion to this resolution? Let the record show that
Commissioner Dawkins is abstaining. Further Discussion?
Call the roll.
RT 93 11/18/83
41k
0
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 83-1087
A RESOLUTION ALLOCATING $175,000 OF FY
'83-84 FEDERAL REVENUE SHARING FUNDS
APPROPRIATED BY PASSAGE ON ORDINANCE NO.
9684 TO MARTIN TECHNICAL COLLEGE-CAREY
BRANCH FOR THE PERIOD FROM DECEMBER 1,
1983 THROUGH SEPTEMBER 309 19849 AUTHOR-
IZING THE CITY MANAGER TO ENTER INTO
AGREEMENT WITH THE AFOREMENTIONED AGEN-
CY.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: NONE.
ABSTAINING: Vice -Mayor Miller J. Dawkins
ON ROLL CALL
Mr. Carollo: Let me state for
ously saying before, that while
this funding I just think that
plete funding for this program
assure their staff before they
are not doing the same so based
was voting no.
the record what I was previ-
I have no problem approving
it is wrong to approve com-
and others that still need to
finally put it together, we
on that is the reason that I
Mayor Ferre: In voting yes, for the record, let me clearly
explain that as whereas we had extended and we have now for
three months in a row extended this Federal Revenue Sharing
one -twelfth, we have now taken up three months and we are
now beyond December. So three -twelfths, that is one-fourth
of the expenditures have already been made. It is the
recommendation of the administration that we add two addi-
tional, and I say two and correct me, one was for twenty
some odd thousand dollars for adult day care and the other
one at the recommendation of the administration was for this
program that we just voted on now which is the Martin Col-
lege -Carey Branch. Now, that was a recommendation of the
administration. Commissioner Barbara Carey stood up and
said, "If you're funding me for one -twelfth, there is no way
that I can retain the professional help, staff, space,
equipment and machinery needed for me to do the job nor can
I get the proper financing on the the one -twelfth commitment
so either you do it or you don't do it..." Based on that
recommendation, the administration, we voted on it in prin-
ciple and this is a formalization of the previous vote.
Mr. Dawkins: Mr. Mayor, I'd like just t
saying. It is also needed in order for
go to Tallahassee and and obtain other
and etcetera to assist in teaching this
very few blacks in which is computer
definitely a need and she does need it.
o add to what you're
the Carey school to
funds for hardware
skill that you find
repair. So it was
RT 94 11/18/83
Mayor Ferre: And you know, it just so happens that it is
Commissioner Barbara Carey that is involved in this thing,
but I think from my viewpoint this is, we keep talking about
helping th black community, helping the people that are
poor, helping the people that are most disenfranchised from
the system, helping the people who have the highest unem-
ployment and they all happen to be black. I mean all those
categories happen, you know, in Los Angeles they happen to
be Mexican -Americans and blacks. In New York they happen to
be Dominicans, Puerto Ricans, Jamaicans and what have you,
here they happen to be for the most part black. So I think,
and by the way, as I understand this program is not limited
just to blacks. Any person can apply to it with certain
provisos. So I'm all in favor of it and I vote yes.
-------------------------- - -----------------------
44. APPROVE IN PRINCIPLE AS A PERMITTED USE PORTIONS OF
SIDEWALKS, PUBLIC RIGHT-OF-WAYS FOR THE PURPOSE OF
DISPLAYING GOODS AND WEARS WITH CONDITIONS.
Mayor Ferre: The people on 8th Street and the people in
Allapattah have a problem because they put out their furni-
ture to sell and they exhibit it and they have a problem and
they have asked for the following resolution: (Whereupon
Mayor Ferre read the proposed resolution by title into the
public record)
Now, Mr. Manager, the intent of this resolution is obvious-
ly, there is a 10 foot sidewalk, obviously they cannot use 8
feet of it to put furniture and there may be some restric-
tions that you're going to have to come up with. For exam-
ple, if it is near a Metrorail Station or near a people
mover station or near an exit of an expressway or a major
department store or someplace where there is major traffic
with people then obviously there are going to have to be
some rules and regulations and restrictions. We're not
talking about that, we're talking about the people, espe-
cially in the Allapattah and the Calle Ocho area that take
out some of their wares and put them at the entrance to
their stores that are not obstructing the flow of pedestrian
traffic. Now, you're going to have to come back, all this
does is it asks you to make a study of this and come back
with a recommendation. Is somebody going to move this?
Mr. Plummer: I'll move it, it just asking for a study,
that's all it's asking.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RT
RESOLUTION NO. 83-1088
A RESOLUTION APPROVING IN PRINCIPLE, THE
PERMITTED USE BY ADJOINING PROPERTY
OWNERS OR THEIR TENANTS FOR THE PURPOSE
OF DISPLAYING GOODS AND WARES OFFERED
FOR SALE ON THE PREMISES ADJOINING SAID
SIDEWALK PORTION OF THE RIGHT-OF-WAY;
FURTHER AUTHORIZING AND DIRECTING THE
CITY MANAGER TO FORMULATE A POLICY AND
MAKE RECOMMENDATIONS AS TO TIMES, CONDI-
TIONS, AND AREAS TO BE USED, SAID POLICY
AND RECOMMENDATIONS TO ADDRESS THE
QUESTION OF PUBLIC SAFETY AND THE METHOD
OF IMPLEMENTING SAID PROPOSED USE.
95
11/18/83
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote.
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
-----------------------------------------------------
r�
45. DIRECT CITY CLERK TO IMMEDIATELY PROCEED TO READVERTISE
AVAILABLE ZONING AND PLANNING ADVISORY BOARDS POSITIONS
WITH THE APPOINTMENT TO TAKE PLACE AT THE JANUARY 12,
1984 CITY COMMISSION MEETING.
Mr. Gary: Mr. Mayor, we need you to ask the City Clerk to
readvertise for the selection of the Zoning Board member for
the December Meeting, please.
Mayor Ferre: All right, I think the thing to do is just —
open up the whole, just continue opening the process to what
day, Mr. Perez?
Mr. Aurelio Perez-Lugones: With the 30 day advertising,
that would be some time in January. Now, there is another
issue which we have, those board members whose term expires
at the end of December which is another set of board mem-
bers.
Mayor Ferre: Why don't you advertise them all together so
that we can do all of them together January 12th?
Mr. Perez-Lugones: That is what I'm going to suggest.
Mayor Ferre: Okay. Let's do the first one first of all.
Now, does someone here move - Plummer - that we open the
whole zoning application process including those that expire
in December so that they can be refilled at the Zoning Board
Meeting of January 12th. Would someone so move?
RT 96 11/18/83
0
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 83-1089
A MOTION AUTHORIZING AND DIRECTING THE
CITY CLERK TO IMMEDIATELY PROCEED TO
READVERTISE FOR AVAILABLE ZONING AND
PLANNING ADVISORY BOARD POSITIONS AS
FOLLOWS: (A) THREE ZONING BOARD POSI-
TIONS (2 REGULAR AND 1 ALTERNATE) EXPIR-
ING DECEMBER 31, 1983; (B) THREE PLAN-
NING ADVISORY BOARD POSITIONS (2 REGULAR
AND 1 ALTERNATE) EXPIRING DECEMBER 31,
1983; (C) ONE REGULAR ZONING BOARD
POSITION FOR A THREE YEAR TERM EXPIRING
DECEMBER 31, 1985; AND (D) ONE REGULAR
ZONING BOARD POSITION TO FULFILL AN
UNEXPIRED TERM FROM JANUARY 1, 1983 TO
DECEMBER 31, 1985; AND FURTHER STIPULAT-
ING THAT SAID APPOINTMENTS OR REAPPOINT-
MENTS BY THE CITY COMMISSION WOULD TAKE
PLACE AT THE FIRST COMMISSION MEETING IN
JANUARY (JANUARY 12, 1984).
Upon being seconded by Commissioner Perez, the
motion was passed and adopted by the following vote -
AYES:
Commissioner
Commissioner
Vice -Mayor J.
Mayor Maurice
NOES: None.
Demetrio Perez, Jr.
Joe Carollo
L. Plummer, Jr.
A. Ferre
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: We want to appoint all of these people
including those that expire in December on January
12th.
46. FIRST READING ORDINANCE - REPEAL SECTION 62-50 ENTITLED:
"REAPPOINTMENT" OF CHAPTER 62 ENTITLED: "ZONING AND
PLANNING" REMOVING LIMITATIONS UPON THE LENGTH OF SERV-
ICE THAT MAY BE PERFORMED BY INDIVIDUALS.
Mr. Plummer: Mr. Mayor, I would like to present this motion
which would open up, as you know, that there was a nine year
time limit applied. I think that it should be opened up, I
argued before, I will argue again, and this is an ordinance
of Chapter 62 entitled: "Zoning and Planning" of the Code of
the City of Miami as amended in its entirety, thereby remov-
ing all limitations upon the length of service that may be
performed by individuals appointed as members or alternate
members of the City Planning Advisory Board and the City
Zoning Board. I move it, Mr. Mayor.
Mayor Ferre: Is there a second? Now, let's be clear what
we're doing with this. We are now going back to the origi-
nal position we had where there was no limitation as to how
long a person could serve.
RT 97 11/18/83
Mr. Plummer: Yes, sir. It doesn't in any way other than
that, that is the only thing it accomplishes.
Mayor Ferre: Is there a second? Zoning and Planning Advi-
sory Board. The motion that was moved and passed is for
Zoning and Planning and Advisory and everything, all ap-
pointments.
Mr. Carollo: In other words they could serve all they want
to.
Mayor Ferre: Apples and oranges, Perez-Lugones is asking
whether what we're going to be voting on on January 12th
deals with Planning and Zoning and alternates and the answer
is yes. Everything that is vacant or will be vacant in
December will be advertised and we will be making a decision
on all of them January 12th.
Mr. Plummer: I heard that last January.
Mayor Ferre: All right, now, is that clarified for the
record? Now, we're on Plummer's motion and I'm asking
whether there is a second to this motion. Are we ready to
vote on First Reading only? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTION 62-50,
ENTITLED "REAPPOINTMENT", OF CHAPTER 62,
ENTITLED "ZONING AND PLANNING", OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, IN ITS ENTIRETY, THEREBY REMOV-
ING ALL LIMITATIONS UPON THE LENGTH OF
SERVICE THAT MAY BE PERFORMED BY INDI-
VIDUALS APPOINTED AS MEMBERS OR ALTER-
NATE MEMBERS OF THE CITY PLANNING ADVI-
SORY BOARD AND THE CITY ZONING BOARD;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
- Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
ON ROLL CALL:
Mr. Dawkins: I'm voting yes but I'm reserving the right to
change my mind the next time if I want to.
RT
11/18/83
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47. SECOND READING ORDINANCE — ORDINANCE TEXT AMENDMENTS TO
9500 AMENDING ART. 20, GENERAL AND SUPPLEMENTARY REGULA—
TIONS.
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Mayor Ferre: We're on 24, 5 O'Clock Meeting. Does anybody
want to speak to Item 24? Is there anybody at this public
hearing that wishes to address this Commission on Item 24?
Would the administration give us a brief description.
Mr. Rodriguez: This is a Second Reading. This is part of
the amendment E which is part of a comprehensive amendment
to 9500 and has been before you in the October 27 and you
approved on First Reading.
Mr. Carollo: Is this the one that includes the campaign
signs that have to be smaller than a certain size?
Mayor Ferre: Well, we're going to get to that one soon.
Mr. Rodriguez: No, it is not included.
fA
00
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING TEXT OF
ZONING ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING ARTICLE 20 OF SAID ORDINANCE
ENTITLED "GENERAL AND SUPPLEMENTARY
REGULATIONS" BY AMENDING SUBSECTIONS
2006.5.5. TO CHANGE THE DEFINITION OF
WATERFRONT YARD BASED ON THE REDUCED
WIDTH OF THE ADJACENT WATERWAY, 2008.7
TO PROVIDE THAT ALL DEVELOPMENT IN
WATERFRONT YARDS SHALL BE PERMISSIBLE BY
CLASS C. SPECIAL PERMITS SUBJECT TO
REQUIREMENTS, LIMITATIONS AND EXCEPTION,
2008.9.3. TO PROVIDE A MINIMUM 10 FOOT
MEASUREMENT WITHIN THE BASE BUILDING
LINE ALONG ONE SIDE OF A VISIBILITY
TRIANGLE, 2012.3.1 AND 2012.3.2. TO
PROVIDE MEASUREMENT FROM EXTERIOR WIN-
DOWS, 2017.1.1 TO PROVIDE THAT BACKING A
VEHICLE INTO A PUBLIC ALLEY IS PERMISSI-
BLE BY CLASS C SPECIAL PERMIT SUBJECT TO
REQUIREMENTS, 2020.1 TO PROVIDE THAT
MOBILE HOMES MAY BE UTILIZED FOR TEMPO-
RARY OFFICES OF OTHER PURPOSES SUBJECT
TO A CLASS B SPECIAL PERMIT, 2034.3, TO
PROVIDE THAT, PERTAINING TO A CERTIFI-
CATE OF USE, NEW OWNERSHIP SHALL BE
APPROVED BY CLASS B SPECIAL PERMIT; BY
AMENDING ARTICLE 21 ENTITLED "NONCON-
FORMITIES" BY AMENDING SUBSECTIONS
2103.3 AND 2104.6 TO SIMPLIFY THE TIME
PERIOD PERTAINING TO DISCONTINUANCE OF A
NONCONFORMING USE; BY AMENDING ARTICLE
23 ENTITLED "SPECIAL PERMITS; GENERALLY"
BY AMENDING SUBSECTION 2301.6 TO CLARIFY
PROCEDURES AND STANDARDS FOR VARIANCES
PROCESSED UNDER A MAJOR USE SPECIAL
PERMIT; FURTHER, AMENDING SAID ORDINANCE
NO. 9500 BY AMENDING THE OFFICIAL SCHED-
ULE OF DISTRICT REGULATIONS MADE A PART
OF SAID ORDINANCE BY REFERENCE AND
DESCRIPTION IN ARTICLE 3 BY AMENDING
PAGE 3, RO-3, PRINCIPAL USES AND STRUC-
TURES BY ADDING MEDICAL REFERENCE LABO-
RATORIES AND TRAVEL AGENTS TO USES
PERMITTED GENERALLY; BY AMENDING PAGE 5,
CBD-1, PRINCIPAL USES AND STRUCTURES,
BY DELETING CG-1 AND SUBSTITUTING IN
LIEU THEREOF CR-3 AS THE REFERENCE
DISTRICT, DELETING REPAIR GARAGES,
SPORTS F,RENAS, FRONTONS, RACE TRACKS,
VETERINARY FACILITIES AND PASSENGER
AUTOMOBILES OR PASSENGER VANS FROM THE
LIST OF USES NOT PERMITTED IN THE DIS-
TRICT; BY ADDING "JOB PRINTING,LITHOGRA-
PHY, PUBLISHING AND THE LIKE" AS BEING
PERMITTED GENERALLY, AND DELETING CG-1,
AND INSERTING IN LIEU THEREOF, CR AS THE
REFERENCE DISTRICT FOR LIMITATIONS ON
USES; FURTHER AMENDING PAGE 6 PR, PRIN-
CIPAL USES AND STRUCTURES, BY PROVIDING
FOR "MUNICIPAL ACTIVITIES WHICH FURTHER
RECREATIONAL PURPOSES," AND WF-R, PRIN-
CIPAL USES AND STRUCTURES BY ADDING
"RETAIL SPECIALITY SHOPS" AS A PERMITTED
USE; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
C7
RT 100 11/18/83
Passed on its first reading by title at the meeting of
October 27, was taken up for its second and final reading by
title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Carollo, the Ordinance was thereup-
on given its second and final reading by title and passed
and adopted by the following vote.
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9757.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
------------ - -- ---------- --- - - - ---- ---------
48. FIRST READING ORDINANCE - ORDINANCE NO. 9500 TEXT AMEND-
MENT AMENDING ART. 15, SPECIAL PUBLIC INTEREST DIS-
TRICTS, SECTION 1570, SPI-79 7.19 7.29 1571, 1572, 15739
1576, 1577, 1578.
------------------------------------------------------------
Mayor Ferre: Take up item 25.
to 25? Go Ahead.
Mr. Raul Alvarez: My name is
Ridgewood Road, Key Biscayne.
State of Florida and a member
that studied and recommended
like to call attention to ar,
refers to the SPI-7 area of
directly with height limitatic
able to ascertain in our offi
being proposed as a light pla
property only applies to this
the City, not even in SPI-5.
zoning the light plane and t
together in a coordination is
Does anybody want to speak
Raul Alvarez, i Live aL Iiu
I'm a registered architect,
of the architectural group
;he present zoning. I would
.icle 15, Section 1577 that
:he rapid transit and deals
1. As far as we have been
:e by studies made, what is
ie from the street into the
area and is not anywhere in
Generally, on the current
ne building separation work
provide light and air to
surrounding buildings and rear and side properties. In this
particular case it is being proposed that the light plane is
from the street in while the building separation is from the
rear property in. So what is doing, they're working oppo-
site to each other and specifically in cases of corner lots
we will find out that it affects to a great extent the
typical floor area of any building above 10 stories. I
would like to call the attention that this is the area
adjacent to rapid transit where we expect that in the future
we'll have residential and commercial buildings. I believe
this is an over simplification of a very good idea that
requires further study by the Planning Department and I am
offering the suggestion to the Commissioners that the Plan-
ning Department studies this a little bit more carefully and
establishes where a percentage of the front of the street
could be allowed, you know, whatever they think it is. Very
simplified and it could bring problems and it would take a
lot of hours of the Commissioners in the months to come so
every project will have to be brought here because of these
light plane conditions that is coming from the street in.
Thank you.
RT 101 11/18/83
fk r
Mayor Ferre: Okay, any other statements?
Mr. Plummer: What does the Department have to say about it?
Mr. Sergio Rodriguez: There are certain problems with the
proposal that we have the amendments, and they relate to the
light planes, to variations and to parking because we have a time limitation of 42 days tY.at is now in effect. We were
suggesting to defer this item until the next Commission
Meeting on Planning and Zoning, but if you don't mind, we
would like to put on the record that we will work on these
three areas and make a recommendation that this item is
first reading with the understanding that we will address
these three items at the time of Second Reading.
Mayor Ferre: All right, counselor?
Mr. Robert H. Traurig: Robert H. Traurig, 1401 Brickell
Avenue. Because I wasn't paying a lot of attention, you are
on Item 25?
Mr. Rodriguez: Item 25 and I mentioned light planes, varia-
tions and parking.
Mr. Traurig: Mr. Mayor and members of the Commission, I'm
here with Dr. Salvadore Sosa who is one of the owners of the
property affected by this ordinance. We were going to make
a major objection to the ordinance on First Reading but we
concur that the best interest of the community would be
served by the passage on First Reading as long as this
Commission knows that we take very serious exception to
those matters that Mr. Rodriguez has mentioned and specifi-
cally those items relating to floor area limitations in
15T6.2.2.1 and also section 1577, the height limitation and
others and we have a commitment from staff to discuss those
matters with us between now and Second Reading and that
satisfies us. So this should not be construed as
acquiescense, but merely that we will not make our presenta-
tion until Second Reading.
Mayor Ferre: Okay, does anybody else want to say anything?
All right, then is there a motion on First Reading only?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDI-
i�ANCE NO. 95000 AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING SECTION 1570, ENTITLED "SPI-
7, 7.1, 7.2: BRICKELL-MIAMI RIVER RAPID
TRANSIT COMMERCIAL RESIDENTIAL DIS-
TRICTS" AND RELATED SECTION 1571 ENTI-
TLED "INTENT", 1572 ENTITLED "SPECIAL
PERMITS", 1573 ENTITLED "PERMISSIBLE
PRINCIPAL USES AND STRUCTURES", 1576
ENTITLED "MINIMUM LOT REQUIREMENTS;
FLOOR AREA LIMITATIONS; MINIMUM OPEN
SPACE REQUIREMENTS", 1577 ENTITLED
"HEIGHT LIMITATIONS" AND 1578 ENTITLED
"OFFSTREET PARKING AND LOADING" OF
ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC
INTEREST DISTRICTS", BY CLARIFYING
LANGUAGE PERTAINING TO INTENT FLOOR
AREA, USES, LOCATION, YARD SIZE, GROUND
LEVEL SETBACKS, URBAN PLAZAS, CLASS C
SPECIAL PERMITS AND HEIGHT LIMITS,
PROVIDING FOR SPECIAL REQUIREMENTS FOR
GROUND LEVEL PEDESTRIAN OPEN SPACE,
STREET FURNITURE, LANDSCAPING, AND
PARKING REQUIREMENTS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY
CLAUSE.
RT 102 11/18/83
r
Ir
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
49. FIRST READING ORDINANCE - TEXT CHANGE ORDINANCE 95009
AMENDING ART. 20 "GENERAL AND SUPPLEMENTARY REGULA-
TIONS", SUBSECTION 2003.6.
Mayor Ferre: We're now on Item 26 on First Reading. Is
there anybody in the audience that wishes to address the
Commission on Item 26? All right, would the administration
give us a short description of Item 26? —
Mr. Joe McManus: Mr. Mayor and members of the Commission,
Joe McManus, Assistant Director, City of Miami Planning
Department. Let me mention three main areas of this for
your information. First of all, this series of amendments
addresses the issue of development signs informing the
public of an upcoming project. It addresses the issue of
development of vacant lots that are slightly under size. It
allows development to proceed on those minimum size lots.
Thirdly, in the GU district it allows joint public and
private development subject to major use special permit.
Thank you, Mr. Mayor.
Mr. Carollo: For the record, it has nothing to do with
campaign political signs does it?
Mr. McManus: No, sir.
RT
103
11/18/83
r
lk r
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING
SUBSECTIONS 2003.6 TO PROVIDE FOR PERMA-
NENT WHIRLPOOLS AND SIMILAR FACILITIES
AND 2005.7 TO EXCEPT SWIMMING POOLS,
WHIRLPOOLS AND SIMILAR FACILITIES FROM
THE DEFINITION OF YARDS; BY ADDING A NEW
SUBSECTION 2008.11 PROVIDING RECREATION
FACILITIES SETBACKS; BY AMENDING SUBSEC-
TIONS 2018.2.1 AND 2018.2.2 RELATIVE TO
TRANSITIONAL AREAS AND PARKING IN NON-
RESIDENTIAL AND RESIDENTIAL AREAS RE-
SPECTIVELY; 2025.1.27.2, 2025.1.27.3 AND
2025.3.8 BY DELETING CERTAIN PROVISIONS
RELATIVE TO SPECIAL PERMITS AND CON-
STRUCTION AND DEVELOPMENT SIGNS AND BY
ADDING A NEW SUBSECTION 2028.1 PERTAIN-
ING TO CLUSTERED DEVELOPMENTS; FURTHER
BY AMENDING THE OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS, PAGE 1 "LIMITA-
TIONS ON SIGNS" BY ADDING PROHIBITIONS
PERTAINING TO CLUSTERED AND PLANNED
DEVELOPMENT HOUSING; PAGE 2 "LIMITATIONS
ON SIGNS" BY INCREASING THE ALLOWABLE
AREA FOR CONSTRUCTION SIGNS; PAGE 3, RO-
2, R0-2.1, RO-3, AND RO-4, "LIMITATIONS
ON SIGNS" BY PROVIDING REFERENCE DIS-
TRICTS, ELIMINATING WALL AND PROJECTION
SIGNS AND PROVIDING THAT DEVELOPMENT
SIGNS ARE PERMISSIBLE BY SPECIAL PERMIT;
PAGE 4, CR-2 "PERMISSIBLE USES AND
STRUCTURES" BY CHANGING THE USE CLASSI-
FICATION OF PRINTING ESTABLISHMENTS AND
LIMITATIONS ON SIGNS BY INCREASING THE
SIZE OF CONSTRUCTION SIGNS AND REQUIRING
SPECIAL PERMITS FOR DEVELOPMENT SIGNS;
PAGE 5, "LIMITATIONS ON SIGNS" TO IN-
CREASE THE SIZE OF CONSTRUCTION SIGNS
AND CBD-11 "PRINCIPLE USES AND STRUC-
TURES" TO PROVIDE THAT SPORTS ARENAS AND
EXHIBITION HALLS ARE PERMISSIBLE BY
MAJOR USE SPECIAL PERMIT; AND PAGE 6, GU
"PRINCIPLE USES AND STRUCTURES" BY
PROVIDING FOR LEASE OF GOVERNMENT PROP-
ERTY TO THE PRIVATE SECTOR FOR USES THAT
FURTHER GOVERNMENTAL PURPOSES AND GU AND
PR TRANSITIONAL USES, STRUCTURES AND
REQUIREMENTS, MINIMUM LOT REQUIREMENTS,
MINIMUM OPEN SPACE REQUIREMENTS, MAXIMUM
HEIGHT, MINIMUM OFF-STREET PARKING
REQUIREMENTS, FLOOR AREA LIMITATIONS AND
LIMITATION ON SIGNS TO ALLOW FOR ISSU-
ANCE OF A MAJOR USE SPECIAL PERMIT;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote -
AYES: Commissioner
Commissioner
Commissioner
Mayor Maurice
NOES: None.
Demetrio Perez, Jr.
Joe Carollo
J. L. Plummer, Jr.
A. Ferre
RT 104 11/18/83
Irk
ABSENT: Vice -Mayor Miller J. Dawkins
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
- - - - - - - - - - - - - - - - - - - - - - i - - - - - - - - - - - - - - - - - - - - - - -
50. FIRST READING ORDINANCE - AMENDING CHAPTER 179 ENTITLED
"ENVIRONMENTAL PRESERVATION" BY CLARIFYING LANGUAGE,
FEES AND PROCEDURES FOR TREE REMOVAL, ETC.
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------
Mayor Ferre: All right, we're on 27, a brief description,
Mr. McManus. Does anybody want to speak on Item 27?
Ms. Joyce Meyers: Mr. Mayor, this is a comprehensive set of
amendments to the Environmental Preservation Ordinance. It
is the first time that this has been done since it was
passed in 1974. These amendments have been created through
a joint effort of the staff and the Heritage Conservation
Board which administers this ordinance for the City. It has
been approved by that board and the Planning Advisory Board.
It attempts, in most cases to streamline procedures, shorten
the time and the amount of public hearings required to get
tree removal permits and, on the other hand, to strengthen
enforcement procedures for violations of that ordinance.
Are there any questions?
Mr. Plummer: Well, is this to the Heritage Preservation
Districts?
Ms. Meyers: No, these are the existing Environmental Pres-
ervation Districts.
Mr. Plummer: Primarily, as I read, addressing the tree
problem.
Ms. Meyers: That's right.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 17 ENTI-
TLED "ENVIRONMENTAL PRESERVATION" OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY AMENDING SECTIONS 17-1, 17-
3, 17-5, 17-6, 17-7, 17-8, 17-9, 17-109
17-11 , 17-12, 17-15, 17-16 AND 17-17 BY
CLARIFYING LANGUAGE, FEES AND PROCEDURES
PERTAINING TO TREE REMOVAL, CERTIFICATES
OF APPROPRIATENESS, AND TREE REMOVAL
ENFORCEMENT; BY REQUIRING PERFORMANCE
BONDS AND FLORIDA LICENSES FOR LANDSCAPE
ARCHITECTS AND LANDSCAPE CONTRACTORS AND
SHORTENING THE APPEAL PERIOD; FURTHER,
ADDING NEW SECTIONS 17-18 AND 17-19
PERTAINING TO REVISED FEE SCHEDULES AND
UNIFORM STANDARDS FOR HANDLING CASES OF
ILLEGAL TREE REMOVAL RESPECTIVELY;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Carollo and was passed on its first reading by
title by the following vote-
RT
105
11/18/83
LA
AYES: Commissioner
Commissioner
Commissioner
Mayor Maurice
NOES: None.
Demetrio Perez, Jr.
Joe Carollo
J. L. Plummer, Jr.
A. Ferre
ABSENT: Vice -Mayor Miller J. Dawkins
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
---------------------------------------- --------
51. DISCUSSION ITEM CONCERNING FUTURE POSSIBLE CHANGES IN
THE LAW REGULATING POLITICAL SIGNS.
Mr. Plummer: Mr. Mayor, to the administration: I think,
Joe, I'm going to bring this subject up with your approval.
I think we need to address the political sign issue. I
think we need to have our Code and our Charter in compli-
ance, from the understanding that I have, those areas that
were struck down by the court are in conflict with our
Charter or our Code and I think that this Commission needs
to address the problem. I think we need to bring some
reasonableness to it, whatever that might be, but what I'm
saying is I don't think we can sweep it under the rug.
Mr. Carollo: Well, J. L., let me try to explain it as
briefly as I can, and I'm sure Howard can help me if I miss
anything, he was there with me through it all. The judge's
opinion, he was very to the point in the opinion that he
gave. (1) We can have political signs in either residential
or commercial neighborhoods. At the same time, the fee that was
being asked for by the City of Miami, the judge ruled that
it was unconstitutional and there was some case law, not in
Florida, this was the first case law.....
Mayor Ferre: (INAUDIBLE)
Mr. Carollo: No, J. L. just brought it up for discussion.
Mr. Plummer: I brought it up.
Mr. Carollo: There wasn't any case law in Florida until now
but there was some case law in other parts of the country
that were also very to the point. So the bottom line is
that in any future campaigns, political signs larger than
the ones that we had placed can be used for a limited time
in residential or commercial areas and we can't charge the
fees that we were going to charge.
Mayor Ferre: Under First Amendment rights.
Mr. Carollo: Exactly. The same First Amendment right that
the Miami Herald has used in the past. The area that I
think we shouldsafeguard is (1) look at a time limitation
where they could be placed. In other words, you don't want
them up a year before an election. And secondly, I think
that we would be in safe ground if we would ask the individ-
ual candidates to place a bond so that after the election is
over they have, let's say two weeks ....
Mayor Ferre: Or a month.
Mr. Carollo: Or a month, three weeks, whatever, to take not
only 4 X 8 signs down but also all the other bumper stick-
ers, small signs and what have you down. If they don't,
RT 106 11/18/83
then they forfeit that bond to the City so that the City can
take them down and it isn't going to cost the taxpayers any
money. And let me say this for the record too. I am having
my people going down and taking all my signs down at my
expense like it should be and hopefully in a few more days
they will be done.
Mr. Plummer: Joe, it was not my idea to argue the amendment
tonight or the thing, I'm just saying that we can't sweep it
under the rug.
Mr. Carollo: Oh, I agree with you.
Mr. Plummer: I think that we need to address it and I would
ask that the administration put it on the next zoning agenda
with whatever recommendations that you and the City Attorney
might have as to making our Charter in compliance. We are
going to be seeing upcoming in March and September, October,
and November 400 candidates that are going to be running.
There will be a lot of them trying to appeal to the voters
of the City of Miami. As it stands today, that which we
have as an ordinance has partially been struck down by the
court. I think that we have to go into it with some sem-
blance of reality, of control, how much or how little we can
argue at the time it comes up. I merely, Mr. Mayor, want to
put it on top of the table to talk to the issue in December.
Mayor Ferre: All right, let me say something now on this
issue, now that you've brought it up for discussion. I
think, Mr. Manager, as I understand what Judge Turner was
it, Mr. City Attorney?
Mr. Gary: Klein.
Mr. Garcia -Pedrosa: There were two judges, Mr. Mayor, that
was one of them, yes, sir.
Mayor Ferre: As I understand, what happened was the judge
said that there were Constitutional First Amendment rights
about freedom of speech that we could not prohibit, that we
have a governmental right to police and in other words we
have a right to restrict as long as it is a reasonable right
to restrict. So, I think what Commissioner Plummer is
saying, that before we get into the 1984 campaign, because
believe me, I think the pace has been set and if you think
1983 was bad, wait until you see 1984 with people running
for Metro Mayor, Metro Commission, the judges, legislators,
the State Attorney, if you think you've seen the last of
political campaign signs, wait until you see 1984: And I
think we'd better get a handle on this real quick. So you'd
better move on it by January and come up with recommenda-
tions, Mr. City Attorney, that both will meet the Constitu-
tional test and are practical to enforce. Do you need to
formalize that?
Mr. Garcia -Pedrosa: No.
Mr. Plummer: Mr. Manager, I would like you to know that my
brother would like to send his special thanks to you that I
did not put up any signs and he inherited an in -kind dona-
tion of quite a few signs.
Mr. Gary: Just make sure he doesn't put up any in the City
of Miami or we'll take them down.
Mr. Plummer: John said he also sends his thanks.
RT
107
11/18/83
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52. SECOND READING ORDINANCE _- TO CHANGE ZONING CLASSIFICA-
TION CUCUSA, INC., SEAPLACE REALTY INVESTMENTS, N.V.,
AND POINT VIEW TOWERS OF CUAACA09 INC. LOCATION 185 S.E.
rr lM-w-aaiiaiiwawi►raiirwi wilU l�rrraa-wr.awirra.. ►.wrww-wwr�waaaaar
Mayor Ferre: We're now on the 6 O'Clock Public Hearing
which is Item 28 which is Cucsa, Inc., Seaplace Realty
Investments, N.V. and Point View Towers of Curacao, Inc..
Yes, sir?
Mr. Gary: Mr. Mayor, I'm excusing myself for the reason
that I have mentioned before.
Mayor Ferre: Yes, sir. All right. Are we ready to vote?
Mr. Plummer: Well, Mr. Mayor I think we are not ready to
vote. As I recall....
Mayor Ferre: Where is Janet Cooper?
Mr. Dawkins: In the hall.
Mayor Ferre: Janet Cooper?
Mr. Plummer: My understanding, Mr. Mayor, is that there was
going to try and be a compromise worked out.
Mayor Ferre: That's why I'm calling Janet Cooper.
Mr. Plummer: And I'm hoping that they are going to tell us
what the compromise is. Everybody is going to be happy and
we're going to go home and watch television.
Ms. Janet Cooper: I'm very sorry, Commissioner Plummer, I'm
very sorry. I'm telling you and I'm telling you it is not
going to be pretty and it is not going to be pleasant.
Mayor Ferre: I thought you were going to work all this out.
Ms. Cooper: This is the time and the effort that I on
behalf of my clients until last week put in, over a hundred
hours, and I have no agreement with anyone. I had an oral
agreement with one of the parties and he reneged at 4:30
today. And I had almost an agreement with one of the other
parties for a deferral and they refused to cooperate with
conditions that they specified and set forth and agreed that
were reasonable and I am very sorry for what is going to
happen here tonight.
Mayor Ferre: let's go, let's get into it.
Mr. Traurig: I presume you'd like to hear from the applicant
first.
Mr. Plummer: Well, let me ask something. You know, we the
politicians cannot go into a locked room and try to thrash
something out. Do you think that there is one thread of
chance that if we adjourned for 15 minutes that all parties
concerned could get in and try to thrash something out?
Ms. Cooper: With one of the parties yes, the other party is
in New York and in Switzerland, no.
Mayor Ferre: Well, let's get one of the parties worked out
so that we can at least get one-third of the problem worked
out.
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Ms. Cooper: I'm willing to continue trying.
Mayor Ferre: Who is the party?
Ms. Cooper: Represented by Mr. Traurig.
Mayor Ferre: Mr. Traurig, would you and Ms. Cooper get
together for 15 minutes and see if you can at least get one
of these things worked out?
Mr. Alan Bliss: May I speak for a moment, Mr. Mayor?
I haven't been involved in any of this even though I have
wanted to, so I would like to join with them.
Mayor Ferre: Janet, can you spend 15 minutes with Mr. Bliss
and work his out too?
Mr. Bliss: Can I be with them? It's our property.
Ms. Cooper: I have had long conversations with Mr. Bliss.
The problem, and I don't say it is a problem in his atti-
tude, he has a problem in that he feels or his attorneys
feel that he can not place any binding covenants on the
property. Without that there is no way that we can protect
ourselves.
Mayor Ferre: Mr. bliss, so that we understand each other.
Okay? I have made a commitment, and I made it here in this
room publicly, you were here last time, that I was going to
follow Janet's recommendation, that I wanted to preserve the
Commodore Hotel, whatever it is called, the Commodore Club.
Provided, however, that it had to be restricted as an office
to the building as it is and that you have to place a cove-
nant on it because otherwise three years from now somebody
would come, buy your property, put a bulldozer to it and
build another building.
Mr. Bliss: We have only had about a five minute talk so I
haven't had much....
Mr. Plummer: Mr. Mayor, I would ask the City Attorney to
sit in the meeting so that if any of the legal mumbo-jumbo,
he can instruct us. Do you have any problem with that?
Mayor Ferre: All right. Yes, sir.
Mr. Irvin Romney: Mr. Mayor, members of the Commission, my
name is Irvin Romney. My address is 4215 Ponce de Leon. I
am an architect. I have been retained by one of the parties
involved in this discussion. I think that one of the prob-
lems might be that Janet has been so busy that she has
barely had time to talk to people. For instance, she was
going to come to my office yesterday at 3:30 and then it was
5:00 and then it was five minutes to six, I asked her to
please forgive me but at 6:00 I had to go home and visit
with my family, my daughter was sick.
Mayor Ferre: Are you representing....
Mr. Romney: I am representing one of the parties involved
and....
Mayor Ferre: That includes Lots 40 and all those 5 lots -
Lots 6, 79 8 and 30, right?
Mr. Romney: Yes. And I think that I have something to say
and I don't want to be left out if we're talking about
keeping some people in and some people out.
Mayor Ferre:
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No, you're perfectly welcome to go to the
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11/18/83
11
meeting.
Mr. Bliss: Mr. Mayor, I was just told that I
couldn't, that they're going to make their deal first and
then me next, that's not proper.
Mayor Ferre: I don't think there is anything wrong with
that, they are three completely separate properties. One is
an empty piece of property, one is a house, it is existing,
the Commodore, and another one is the Babylon which is the
building. They are completely separate things. Let Janet
do her thing, these people will feel a lot better if you do
it that way and let the neighbors be satisfied that this is
... Huh? (Inaudible)
THEREUPON THE COMMISSION TOOK A BRIEF RECESS.
Mayor Ferre: Do you have it worked out?
Mr. Garcia -Pedrosa: They're signing the papers.
Mayor Ferre: I knew you could do it. All right, let's have
a hand for Janet Cooper. Ladies and gentlemen, I have been
asked, and I am going to ask our distinguished City Attorney
to expand on my statement, but Minette Massey, Professor of
Law of the university of Miami has her law school class to
watch the City of Miami function in zoning and I don't know
whether this is a good example tonight or not because what
has occurred here is that a very capable young attorney, I
think, has saved us about three hours of fighting - I hope.
And so, I think, but I would like to make a statement about
it. I don't know where the students are but I assume they
are back throughout here. Let me make a little statement
about this while we gather and all these signatures are
finalized. I think about zoning similar to what I think
about police work and it goes like this: You have a good
police department when you have a relationship between the
neighborhood and the Police Department. In other words when
the people and the neighbors believe in and respect the
police and when the police believe in and respect the neigh-
borhood and the people that live in the neighborhood, then
you've got a good relationship and zoning is a little bit
like that. Zoning, in my feeling, and I know that the Miami
Herald and the Miami News and others don't always agree with
me, as a matter of fact, I don't think Dr. Massey likes my
approach to a lot of these things, but I think that Zoning
is a very very inexact science and it must because of cir-
cumstances have certain flexibility and you never know what
comes out. When it works well is when there are neighbor-
hood organizations that function with the law and when they
are represented by people that are capable. In this case we
have Janet Cooper and we have an organization of Point View
residents in each of the towers there, have a president and
then they have a board of directors and then they jointly
elect a president and the president and their attorney have
successfully, I hope, negotiated something with these three
property owners something which may be a hybrid or a Rube
Goldberg, if you will, but will satisfy the neighborhoods
and satisfy the property owner. I think that I think that
is the best of all circumstances. I've got one other thing
that I want to share with you, and obviously my opinion is
subjective and biased but I want to tell you. I think that
continually there is a conflict in zoning. What happens in
zoning is there is always a conflict and the conflict is
usually between the rights of residential people to live in
peace in their home whether it be a residential lot of an
apartment unit, and the right of the community as a whole,
of society, if you will, to move forward as a city grows.
Now, Miami is growing. The typical example is Coral Way,
that is always a monstrosity because what happens is along
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Coral Way people want to put up taller buildings and then a
block away are people who live in homes. So the people who
live in homes say we don't want you to let anybody build
anything on Coral Way, the people in Coral Way are saying
look, we're creating jobs, we're building nice buildings,
we're getting more commercial property, that means there
will be more shops and so on and so forth and then you have
this conflict between the neighborhood and the commercial
people who want to develop upwardly along a commercial
strip. There are not always happy solutions because some-
times you have to decide for the neighborhood and sometimes
you have to decide for the City as a whole. Hopefully,
tonight we'll have a happy solution. And with those chosen
words of relative wisdom, I will pass it on to City Attorney
Garcia -Pedrosa. And you've got some students here, profes-
sor..•
Mr. Garcia -Pedrosa: Mr. Mayor, that the lady who is hob-
bling is that distinguished professor of law, Minette
Massey, and I want to tell you that in response to an earli-
er point that you made, I think her class has probably seen
one of the finest examples of this Commission's zoning work
because I am pleased to tell you that unless in the last 60
or 80 seconds something has happened, these problems have
been worked out and I don't think there could be finer work
by two very distinguished lawyers than what you have seen
here tonight.
Mayor Ferre: All right, now, with that tell us the result.
Ms. Cooper: Let the applicant go first.
Mayor Ferre: You want to make sure he says it right. Right?
Mr. Robert H. Traurig: Mr. Mayor, I think we all owe a debt
of gratitude not only to Janet but also to the City Attorney
because I think his presence and his comments helped. And I
would like to comment also regarding professor Massey, I
want you to know how young she is, she and I were class-
mates. The comments that I make relate to the property that
is generally known as the Babylon and it is lot 5, block 2.
On behalf of Cucusa, Inc., which is the owner of that prop-
erty, we have caused the declaration of restrictive cove-
nants to be executed we have made a number of written chang-
es, interlineations and it will be refined and the final
copy will be delivered but we do have an executed copy to
give to the City Clerk before this meeting adjourns. I
would like for the benefit of the Commission and the people
here from the Point View area who are interested in the
outcome of this to know about the negotiations and what
these covenants provide. First of all, we had requested a
zone change to SPI-5. Now, I'm only talking about Lot 5,
block 2, the Babylon property. At one point it was suggest-
ed to us that the best interest of the community would be
served if, instead of the SPI-5 we reverted to RO-3/7 in
view of the fact that what we sought was a combination of
residential and office use and it could be accommodated
through the RO-3/7. It was later pointed out to us that
because our building only contains an FAR of .78 that we
don't need a 3/7, we only need a 3/6 which permits a 1.21
and we have acceded to that request, and if this Commission
feels that our property ought to be rezoned we hereby volun-
tarily accept the reduction in zoning classification from
the SPI-5 to the RO-3/6. Along with that, we have had
negotiations about controls regarding the utilization of the
property and the design of the property and the various
types of aesthetic controls which would be in the best
interest of the neighborhood. I would like to go over those
for the benefit of these people so that they know what we
have achieved. First of all, I would like you to know that
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we have agreed to a specific dollar contribution to the
Point View Association, Inc. to be used for general communi-
ty purposes in the Point View area without any control by
the Messieurs Corona who are the donors of this money and
for the benefit solely of the Point View area and I think it
was a magnanimous gesture and I think that it was a very
substantial amount which will do a great deal of community
good. In addition to which, we have agreed to a contribu-
tion toward a study for traffic improvements in the area and
the implementation of that study, and the amount that we
have agreed to for that limited purpose was $10,000. Re-
garding the building itself, and I'll just paraphrase be-
cause of the hour, we provide that we will not structurally
modify the building except as is necessary internally and
externally to convert it to a building with a combination of
office and residential uses and to improve the landscaping
or parking. However, in all instances the modification must
comply with all restrictions set forth in this declaration.
I would tell you also so that there will be no question at a
later date, that one of the structural modifications that we
contemplate is to enclose the balconies and we give protec-
tion to the neighborhood because one of the great architects
of this community, Iry Corrack who appeared before you to
speak on this subject several times is being given design
approval regarding that exterior architecture and the color
of the building. Therefore, he can compel us to change the
color and he can make some design suggestions. We do pro-
vide, however, that all approvals have to be reasonable and
no reasonable request would be unreasonably withheld. With
regard to the uses of the property, the top floor would be
residential only, the rest of the building can be office or
residential or banks and savings and loans, etc. The ground
floor will be for parking only, there will be no medical or
dental offices or clinics. We have to have enough parking
to support the people and the uses in the building and no
certificates of occupancy and no occupancy will occur if
there is an inadequacy of parking for that specific space.
We have a provision that there will only be one bank teller
window on the property which must be located within the
building, not a drive-in teller, there will be no drive-ins,
no automatic or mechanical tellers for use by the public and
no 24-hour tellers, there will be no signs on the South
Bayshore side of the building or on the south side of the
building and the exterior modifications, I have covered.
The landscaping has to be of a quality and of a nature
consistent with the landscaping in the Point View area
generally, we talked about the contribution to the neighbor-
hood traffic study and then there are a number of provisions
here which are enforcement provisions which give to them the
right to enjoin or to seek redress from the courts in the
even of any violations of these covenants. We think that
they are fair, we thank the Point View Association and its
attorney for the cooperation that we have had and we urge
you to approve this RO-3/6 as has been negotiated. Thank
you.
Mayor Ferre: All right, just so we can do this procedur-
ally, don't you think we ought to vote on them separately
since I think they are separate agreements, aren't they? I
think what we need to hear from you is if there is any
disagreement.
Ms. Cooper: None whatsoever, the Point View Association
negotiated, and as Mr. Traurig stated, Messieurs Corona have
been very generous for the good and welfare of the communi-
ty. The Point View Association intends to utilize the funds
provided for the good and welfare of the community, however,
the main consideration was the control over the effect of
the neighborhood of the use of the structure and we were
able to work that out. We feel satisfied that everyone
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involved will be a good neighbor to each other and we look
forward to living together in the community.
Mayor Ferre: All right. Now, therefore, in regards to the
application as outlined by Bob Traurig for Cucusa Inc., Ray
Corona, President, is that it? Is there a motion? That is
what lot again?
Mr. Traurig: Lot 5, block 2.
Mayor Ferre: Is there a motion, as outlined by the two
attorneys? Do you want to say something with regards to
this application?
UNIDENTIFIED SPEAKER: I want to say something with regard
to what I understood was the application for including lots
4, 5, 6, 7, 8 and 30.
Mayor Ferre: We're not talking about that yet. I think
we're going to do them one at a time, I think that is sim-
pler. This is a motion of intent really at this point,
isn't it? Is it an ordinance?
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Mr. Plummer: You can see the ordinance is all encompassing.
Mayor Ferre: Mr. City Attorney, do we do this in separate
motions of intent and then pass the ordinance? Or do we do
it all ...
Mr. Garcia -Pedrosa: I think you can do the ordinance, Mr.
Mayor, but let me, if I might have a second here, to dis-
cuss something with the Planning Department.
Mayor Ferre: Well ...
Mr. Garcia -Pedrosa: I think you ought to take it all.
Mayor Ferre: Read it all as one ordinance? Well, he is
going to have to rewrite the whole thing. All right, Mr.
Romney, why don't you come and speak this to your clients.
Mr. Romney: Mr. Mayor, I want to make some comments in
general, and some very specific about the zoning and the
the way it should be handled given a proposal for a change
of zoning in the area. For one thing, I want to remind
everybody here that the portion by the internal curb of
S. E. 14th Terrace and S. E. 14th Lane at the tip of that
rounded part will recently rezoned to SPI-5. It is only
across the street from the lots that we are talking about
and I think that that should be born in mind by everybody
here when they consider rezoning any specific property.
Since I am talking specifically of Lots 6, 7, 8 and 30,
which are of that outline in dark yellow here, the ones
towards the left part of the portion, so shaded, I want
to state that from looking at it from a zoning point of
view, it would seem given that everything in that portion
is SPI-5 - that SPI-5 should be expanded, rather than allow
it to be fragmented as it now is. I have a diagram here,
showing the outline of that.
Ms. Cooper: Excuse me, Mr. Mayor, I am I hearing a presen-
tation on 6, 7, 8 and 30?
Mayor Ferre: That's what you are hearing.
Ms. Cooper: Well, I didn't know we were doing that. I
thought we were taking a moment to confer over here and
I didn't have the opportunity to hear anything that was
said, I am sorry.
Mr. Dawkins: Is this another fifteen minute discussion?
I mean, let's call the roll, come on. Mr. City Attorney,
and everybody concerned, if we cannot get this squared away
in fifteen minutes, I am going to move to continue it, or
let's move to do something. You came here, you told us
you would get it worked out in fifteen minutes. Everybody
has been here for 45 minutes past that, and now you are
going back in more little huddles, so let's please get the
show on the road and get it done.
Ms. Cooper: Commissioner Dawkins, I sincerely apologize.
Mr. Garcia -Pedrosa: Mr. Vice Mayor, you are absolutely
right, and I for one would apologize. There are two sets
of lots involved. The problem is, that if the matter is
not legislatively decided within nine days from today, and
you won't have a weeting within nine days from today, then
the application shall be deemed to have been denied. We
have worked out the ...
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11/18/83
Mayor Ferre: Legally, there are three applications here.
Sure, there are, and they are separate items. We can vote
on one, or two, and against the third, or in any combination
thereof.
Mr. Garcia -Pedrosa: Well, let me tell you where we are. We
are trying to see how we can accomplish that without undoing
the good work that was done here earlier and if you give us
about five minutes, I think we can get it resolved.
Mayor Ferre: All right.
Mr. Garcia -Pedrosa: Thank you.
Mayor Ferre: Do you want the law class to follow you into
the room?
Mr. Plummer: I just want to remind you at 9:00 o'clock
Hill Street Blues is on! (LAUGHTER)
Mr. Plummer: Mr. Mayor, to the people of Point View, we
might as well make this a couple of good points while you
are here and I was waiting for Commissioner Carollo to
come back, this might be of interest to you. I think most
of made a pledge to you (Here is Commissioner Carollo) which
was kept this morning, and there will be a meeting of the
Point View people, and the D.D.A., the Downtown Development
Authority. We were not able to accomplish immediately what
we said, but it will be, and basically, what it is, is this.
You will be excluded from the D.D.A. The problem is -
excuse me, wait a minute, because I don't want you think
you have been hoodwinked. The problem is, you have already
received your bills.
Mayor Ferre: Tax bills.
Mr. Plummer: The tax bills, and it is included in that.
We have reduced the D.D.A. budget by that amount, which was
the anticipated revenue, which will be a credit to your
next year's bill and it will be eliminated next year.
Commissioner Carollo passed that motion this morning, and
Mr. Kenzie is instructed to hold the meeting with you people
to fully explain and answer any questions that you have, but
I thought that you might want to know that.
Mayor Ferre: Ladies and Gentlemen, I think that it might be
important to point out to you also that J. L. Plummer has a
fever at this point. He got out of sick bed just to be here
so he can vote on this issue.
Mr. Garcia -Pedrosa: Mr. Mayor, are you ready to vote?
Mayor Ferre: I am ready to vote.
Ms. Cooper: On lots 6, 7, 8 and 30, although the Point View
Association would prefer that you rezone it consistantly with
what was just rezoned so that it would be RO-3/6, we will
yield to the technical difficulties involved in that, and we
will ask you to refer that to the Planning Advisory Board so
that it can be worked out further between the parties. That
will tollthe time and we expect to appear before the Plan-
ning Advisory Board on December 7th and be back before you
on December 15th.
Mayor Ferre: All right, let's
Attorney to my little plan of
in motions of intent and then
legislative purpose, okay?
Mr. Garcia -Pedrosa: Okay.
115
go back, if I may, Mr. City
doing these things separately
that gives you a clarity of
Mayor Ferre: All right, with regards to Lot 5, which is
owned by Cucusa, Inc. ... is that right?
Mr. Romney: Yes, sir.
Mayor Ferre: All right, is there a motion, then, that
the Commission accepts the recommendations as described
Mr. Traurig and Ms. Cooper, on the record.
Mr. Plummer: So moved, motion of intent.
Mayor Ferre: Is there as second?
Mr. Dawkins: Second.
Mayor Ferre: Is there further discussion? Call the roll
on the motion of intent.
Mr. Carollo: Just one final question. I want to make
sure that I understand that Janet, you as representative
for all the citizens that are here that we have met with
in the past that you are in accordance with the compro-
mise that has been reached with Mr. Traurig and the City.
Ms. Cooper: On Lot 5.
Mr. Carollo: On that particular lot, correct?
Ms. Cooper: Lot 5, yes.
Mayor Ferre: Cucusa Inc., otherwise known as the Babylon
Building, is that correct?
Ms. Cooper: Yes, as attorney for the Point View Associa-
tion.
Mayor Ferre: Are we ready to vote, now?
Mr. Traurig: Mayor, may I ask a question? Rather than
a motion of intent, can't the ordinance be passed as to
Lot 5 tonight?
Mayor Ferre: Mr. City Attorney?
Mr. Garcia -Pedrosa: It could be passed legally.
Mayor Ferre: Would you prefer to do it that way?
Mr. Traurig: Yes, we would prefer to ...
Mayor Ferre: You want to go home and watch Hill Street
Blues.
Mr. Traurig: Yes, Hill Street Blues, or Green Street
Blues, or whatever it is.
Mr. Garcia -Pedrosa: Oh, now wait a minute!
Mr. Plummer: No, no.
Mr. Garcia -Pedrosa: No, no, I am sorry, Mr. Mayor, no
the answer is, you could do it, but I don't think that
would be wise. We might get into a spot zoning problem
with
Mayor Ferre: We can't do it that way - we are back to the
motion of intent. We will get there in a moment.
Ms. Cooper: Why can't we do it that way. Can we do it
that way if we resolve 4 and 5? Can we then split 4 and
5 from 6, 7 and 8 and 30?
116
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Mayor Ferre: That is right, but that is what we are trying
to do. You see, I like to do this by ladders, okay? One
step at a time.
Ms. Cooper: I am prepared to address 6, 7, 8 and 30. The
actual preference of the people is not to refer it back and
to have any deferrals, but to have it zoned RO-3/6.
Mayor Ferre: Wait a minute. The Chair rules that we are
going to do it the way we started to do it. There is a
motion and there is a second and we are going to proceed
that way, all right?
Ms. Cooper: What was that motion?
Mayor Ferre: The motion is a motion of intent with regards
to Lot 5.
Ms. Cooper: Oh, fine.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 83-1090
A MOTION OF THE CITY COMMISSION STIPULATING THAT IN
REGARD TO LOT 5, BLOCK 2 (POINT VIEW), OWNED BY CUCUSA,
INC., THE CITY COMMISSION ACCEPTS THE RECOMMENDATIONS AND
FINAL AGREEMENT AS EXPRESSED BY ROBERT TRAURIG, ESQ,
(COUNSEL FOR CUCUSA, INC.) AND JANET COOPER, ESQ. (COUNSEL
FOR THE POINT VIEW ASSOCIATION) BEFORE THE CITY COMMISSION
ON THIS SAME DATE AS TO A REZONING OF THE AFOREMENTIONED
PROPERTY (OTHERWISE KNOWN AS THE "BABYLON BUILDING") OF
RO-3/6; AND FURTHER ACCEPTING AS PART OF THE RECORD FOR
THESE PROCEEDINGS A LIST OF RESTRICTIVE COVENANTS IN
CONNECTION WITH SAID NEGOTIATION. (See Ordinance No. 9758).
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Ferre: Now, have you come to a conclusion on Lot 4?
Ms. Cooper: No, I think we are going to need to have a public hearing
on Lot 4.
Mr. Plummer: What do you mean, a public hearing?
Ms. Cooper: Well, Mr. Bliss is going to present his point of view
and on ...
Mr. Plummer: You mean the public hearing tonight?
Ms. Cooper: Yes.
Mr. Plummer: Oh! 117
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f
Ms. Cooper: Yes, I think we need to resolve for the benefit of
Mr. Bliss who has time pressure.
Mayor Ferre: All right, so then the question is Janet, are we going
to pass this as a motion and then pass it as an ordinance?
Mr. Garcia -Pedrosa: Mr. Mayor, I would recommend that you pass 4
and 5 as an ordinance, at this time.
Mayor Ferre: And then, what do we do with 6, 7, 8 and 30?
Mr. Garcia -Pedrosa: We refer that to the ...
Mayor Ferre: Procedurally, don't you need to eliminate them first,
before you pass the ordinance?
Mr. Garcia -Pedrosa: Fine.
Mayor Ferre: Okay, so then what we need now is a motion that 6, 7,
8 and 30 be referred back to ... where, Mr. City Attorney?
Mr. Garcia -Pedrosa: We will refer it to the Planning Advisory Board.
Mayor Ferre: For what reason?
Mr. Garcia -Pedrosa: Frankly, Mr. Mayor, at the request of the Associa-
tion, which we ...
Mayor Ferre: No, no, for additional information.
Mr. Garcia -Pedrosa: For additional information, and I want to say on
the record so that it is absolutely clear that we are doing this in
a spirit of compromise with Ms. Cooper, and with the specific under-
standing that it shall not be deemed a precedent for future Commission
action.
Mayor Ferre: In other words, what we are doing is trying to lay the
predicate that this is not spot -zoning.
Mr. Garcia -Pedrosa: Right!
Mayor Ferre: Is that understood? Mr. Romney, did you have an attor-
ney here? Is there an attorney? Would the attorney for lot 6, 7, 8
and 30 please stand up and on the record tell us that you understand
what we are doing here? We need your name, your address, who you
represent.
Ms.Wendy Anderson: Mr. Mayor, Commissioners, my name is Wendy Anderson.
I am an attorney with Weil, Gotshe, Anderson, of 800 Brickell Avenue. I
represent the contract Vendee on Lot 6, 7, 8 and 30, and we are in
accord with a deferral to the Planning Advisory Board.
Mayor Ferre: And that this would not be construed when we vote on Lots
4 and 5 as the precedent, and your clients will not construe it as spot
zoning.
Ms. Anderson: Okay.
Mayor Ferre: Is that a yes?
Ms. Anderson: Yes.
Mayor Ferre: All right, now, are we ready to vote? Are you satisfied,
Mr. Counselor? Or are you guys still arguing? All right, then there
is a motion that 6, 7, 8 and 30 will be sent back as ordered by the
City Attorney for the purposes of further information and that this
will not set a precedent. All right, now call the roll on that motion.
1.1�.8
Id
11/18/83
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 83-1091
A MOTION OF THE CITY COMMISSION REFERRING LOTS
6, 7, 8 AND 30 (POINT VIEW) BACK TO THE PLANNING
ADVISORY BOARD FOR FURTHER INFORMATION: FURTHER
STIPULATING THAT THIS DECISION WAS REACHED IN A
SPIRIT OF COMPROMISE WITH JANET COOPER, ESQ., WITH
THE SPECIFIC UNDERSTANDING THAT THIS SHALL NOT BE
DEEMED A PRECEDENT FOR FUTURE COMMISSION ACTION.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Ferre: Now, we are ready to move on the main ordinance, is that
correct?
Mr. Plummer: No, we have got 4.
Mr. Garcia -Pedrosa: Yes, sir, the main ordinance without the portion
that you had just deleted.
Mayor Ferre: No, no, we have got 4.
Ms. Cooper: We still need to deal with Lot 4.
Mayor Ferre: No, 4 and 5 we are going to do right now, as I under-
stand that. Is that correct, Janet?
Ms. Cooper: We have reached no resolution on 4. Mr. Bliss wants to
address you on 4, and then I want to address you on 4, and then you
have to decide.
Mayor Ferre: Can we do 5?
Ms. Cooper: I think we need to resolve 4 first, and then do 4 and
5 together.
Mayor Ferre: I got you. All right, Mr. Bliss, address the Commission.
Mr. Alan Bliss: I don't need to address the Commission as long as
they want to combine the two on the RO/6, I am agreeable to that.
Mayor Ferre: I am not willing to do that unless Janet Cooper tells
me that she is in agreement and that there is a safeguard and
covenants on the property that three years from now you won't sell
it to somebody who will tear down the house and put up another
office building. Now, if you can do that to satisfy her and her
legal request, then you have got my vote. I can only speak for one
person here.
Mr. Bliss: Your Honor, I haven't had a meeting with anybody tonight,
just sitting here. The trouble is, there is a foreclosure coming up
in January and the bank has informed my attorneys that they would
instigate a legal action, perhaps, if I tried to put a covenant on
a property that I am trying to keep the club, and trying to do this
before the January 4th deadline.
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Mayor Ferre: Mr. Bliss, I want to help you as much as I can, but
I can't do it at the expense of the neighborhood, you know. I feel
sorry for you, and I realize your problem. I want to help you, but
help me help you. I mean, tell me hog: to help you. Do you have an
attorney here:
Mr. Bliss: Nc, I don't your Honor.
Mayor Ferre: Janet, how can we solve his problem? I understand, I
wouldn't want his property foreclosed, but on the other hand, what
do we do?
Mr. Bliss: On the other hand, I will make a short discussion, if
that is all the presentation I can do and that is the fact that I
have a half acre of land there. It is a very small piece. The
building to the south, Brickell Bay Towers, blocks it off from
sun light all day in the winter time. It isn't suitable for condo-
minium anymore. The back has been backed up by Brickell Bay Towers
by a parking lot. On the north side, or northwest, the Babylon, which
you were just going to approve for office building has had enough
variances to be only about 10 feet away from my property, so that
the property itself has been cut away. The taxes are over $47,000
last year. If I tried to keep my club, somebody said in case the
club makes offices out of it, it would be a $57.50 a square foot
rental, just to pay the taxes on the property, so you can't save it
for that. The only way I can save it is there is an office in the
back. I don't know if I can, but I cannot go ahead after I agree to
a foreclosure, and put penalties on the property that after something
already occurred. I think I should get the same RO/6 that Babylon has to
the north of me where they have been given, I think, 13 variances to
get their building put up and the same organization that we are talk-
ing about voted for all those, strictly to keep my property from being
joined with theirs so a bigger condominium can be built, several years
ago. I am not objecting to that. I know about it, but I am not ob-
jecting to that, but I would have no way of being able to agree to
something at that time, other than I am willing to drop to the
3/6, or whatever it is called from the 7 and from the SPI-5.1 that
was originally put in by Mr. Traurig. I got the property back only
in January after a 3 year litigation with the people to the northwest,
so that is all I can say about it if ...
Mr. Plummer: Let me ask you a question.
Mr. Bliss: Yes, sir.
Mr. Plummer: Why can't you agree to the covenants if you were to
sell the property, it would have to be with the covenants attached.
You see, the problem is very simple. If this Commission wanted to
approve the RO-3/6 as it has in principle for the Babylon - I think
_ this Commission did that predicated on the safeguards being written
in. Those safeguards are the covenants. Now, I say to you that
probably that the bank would have not received a favorable RO-3/6
if it has not been for those safeguards. Now, I will acquiesce to
the legal beagle, but you know, I don't understand why you can't
offer the same safeguards to this Commission and to the public, and
if you negotiated a sale between now and then, it enhances the
value of the property and if somebody were to foreclose on the pro-
perty, it is definitely a higher value with the covenant!
Mr. Bliss: Commissioner Plummer, I don't know. As a layman, I
couldn't say where it is now, but when you get behind the club, you
have a width of less than 70 feet that goes down to 55 feet, and
to put an office building up, if you have something like 20,000
square feet, you couldn't even build an office building there. The
land would useless. I don't know if there is enough land to do that.
There might have to be a condominium built out closer to the street
to make the thing. That is what the bank is saying, the property
may not be worth it. I am trying to keep it as a club and sell it
as a club. If I can, I will, but I can't afford to make offers,
financial or otherwise to ...
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11/18/83
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4
Mr. Plummer: Let me ask you, why did the other attorneys, or your
attorney indicate to you that you could not give the safeguards?
Mr. Bliss: My discussions with the bank.
Mr. Plummer: That doesn't make sense to me! The bank is better off
if you receive an RO-3/6 than they are if you are presently zoned as
a highrise.
Mr. Bliss: That is the question, because you see, behind the club,
Commissioner Plummer, there is so little bit of land, it may never
be feasible to even build offices. It may turn out to be a condo-
minium in either sense, built close to the street and losing the
club. I am have been trying to save the club and not have a build-
ing built out 30 feet from the street. The club stops 70 feet back
from the street and built behind that. If you go back to the end,
you down to a building that is only 30 feet wide.
Mr. Garcia -Pedrosa: Just deny 4. Deny 4.
Mr. Dawkins: The only problem I have with this, and I keep hearing
it over and over. All they are asking for is a guarantee that this
will be not be an office building. Now, regardless if you own it, if
you sell it, if the bank forecloses on it, but I constantly hear the
fact that you cannot give this because the bank will foreclose - I
don't follow what is happening. Help me!
Mr. Bliss: I don't think what you said was what is true. I am trying
to say, you are saying - I want to save the club and put an office
building behind it. It can only deal with an office zoning, or an
RCB zoning. Right now it is a residential zoning. The club itself
is only 8,000 square feet. I don't know, and it would have to do
architectural studies and it would cost $20.000 or $30,000 and without a
buyer, you are not going to build. whether it is possible to save
the club and put an office building behind it. It may all have to be
moved down and a condominium put at the front, and so this would all
be moved. I am just trying to preserve the club if possible. If it
can't be saved, it can't be saved, but I do think that at least, if
they are going to let it face north of me - if they are against of-
fices that much, then I shouldn't be expected to put an office
building 10 feet away from me, when on the other side of me there is
a buffer of 100 foot of parking lot and the 300 foot long building,
130 feet high, and they are worried about my half acre and a small
office building that could be for sale, or a small condominium. Nei-
ther building is going to be big, no matter what it is, compared to
Helmsly's 600,000 square feet diagonally across the street and an
acre plus that is going to be built less than 70 feet to the north-
west of us.
Mr. Dawkins: Janet, you wanted to say something?
Ms. Cooper: If you will give me just one more minute to confer
with Mr. Rodriguez.
Mr. Dawkins: Pretty soon you guys will be conferring by yourself.
I will be gone!
Ms. Cooper: While Mr. Rodriguez is looking something up, the people
in the Point View area, we are not thrilled with the idea of offices
or commercial uses on South Bayshore. They are also unhappy with
the club use, since the private club, as it is called, which is has
really been a for profit restaurant, night club, bar, discotheque,
and so forth, which has created in the past a nuisance. In an
attempt to work something out, as we have successfully done on the
Babylon, we came up with some conditions that we wanted to ask Mr.
Bliss to live with and they are on the other side of the room, so I
won't address all of them, because I don't have the list right here,
but it involves an agreement that there would be no off -site parking -
that all parking would be provided on site; that traffic would be
121
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I
diverted to 14th Street. Perhaps we would do something that would
limit the driveway access to the portion of their property that is
immediately adjacent to 14th Street so that the traffic will not
come onto South Bayshore, perhaps closing off the street at a point
where he could have access and yet not eliminate the frontage there.
He claims that he has a problem with putting covenants on there. At
this point, there is a bit of a difficulty and there is a difficulty
with the club use. We do however, feel that the home would be nice
to preserve. That creates a practical problem of whether in fact,
any office structure can be built behind it, whether there is room
to drive in the back for parking. where is this all going to be?
There are a great many practical difficulties on this site and we
haven't been able to resolve it. Mr. Rodriguez has told me that he
has some objections to what is being proposed. My people are flexi-
ble and willing to work with it and I would really like to hear what
the Department has to say before we take a firm stand. That is the
background now.
Mr. Alan Bliss: May I speak for a moment? Thank You. I wasn't
in any of the discussion tonight. I really feel that it wasn't
proper that I was treated like I had no rights in it. I have been
a neighbor there and I fought as hard for that area. I fought
the City from filling the corners in and tilling part of the Bay in.
I fought against having a four -lane street out there that a lot of
people had. As far as the off-street parking, I don't think there
will be any problem with that. There is only one place that needs
a little off-street parking, and that is the place next store to me
and I rent them some spaces, probably illegally, because they don't
have any guest parking next door. We have proper parking, but the
City makes you have that if you build a building, or should. As
far as the traffic, traffic is just like water, it flows in the easiest
way, and if you have a slow traffic light at 15th, and a fast one at
14th, the traffic will go out that way. People pick the easiest way
to go, and the 30 cars that will be at my place are certainly not
going to be dangerous compared to the 500 cars at Helmslys that may
be 20% of what will come our way. I am against it too, but that can
all be taken care of. I do want to say that this property, to build
on, is going to have to come before the City for all kinds of vari-
ances, whoever the architect is, and wherever they build. The City
will still have control, and so will the people of Point View, because
you can't build a building on that weird shaped lot. There hasn't
been anybody built there that hasn't had all kinds of variances and
I am the only one that is not talking about the raising the density.
I am not trying to make an extra quarter of a million dollars by put-
ting more buildings up. You can't put condominiums up right now, be-
cause people are buying them 5 or 10 at a time at wholesale prices
because there is no market for condominiums, but if a condominium is
put on that property, it will be somebody that puts 800 square feet
up in efficiencies and puts as many apartments on a small area as
they can, with the highest density, and they will put it as close to
the street where the most view is. If anybody thinks that is an im-
provement over an office building that is built for a private organi-
zation that is going to build a high class one, all that they have
got to do is look at the Babylon next door, not meaning offense. You
build cheap if you don't much money and you are trying to make as much
money as you can on a property. But, there is going to be no pool at
the Commodore, because the land at the back will be in the shade. The
lot is too small. It is only going to be...if it is an office build-
ing, they can get by without all these amenities, but a condominium is
going to build to the front and it is going to build cheap, and it is
not good for the community and anybody that votes against it is going
to find that they are not doing a favor for the City or themselves.
Thank you.
Mayor Ferre: All right, Mr. City Attorney?
Mr. Garcia -Pedrosa: Mr. Mayor, I would recommend that you follow the
Planning Department's recommendation as to Lot Number 4 and deny it,
and that you proceed to change the zoning classification of Lot 5 and
then you can pass your motion with respect to 6, 7, 8.
122
ld 11/18/83
Mr. Rodriguez: We stand by our recommendation that Lot 4 should be
left residential, because it is facing the bay and it is the last
property facing the bay in that area and should be kept as a buffer
between the residential and the office area.
Mr. Garcia -Pedrosa: They recommend denial of Lot 4. Look at your
front sheet.
Mayor Ferre: All right, you heard the recommendations concerning
the the concerns of the Department. What is the will of this
Commission?
Mr. Dawkins: I move that we follow the Department's recommendation.
Mr. Carollo: I second it.
Mayor Ferre: It has been moved and seconded.
Mr. Plummer: I can't vote with it. If you are going to send 6, 7,
8 and 30 back to the Planning Board, I would have preferred to see
Lot 4 also go back. I think in all fairness!
Mayor Ferre: I go along with that.
Mr. Dawkins: I have no problem with that. As I said, if the
Planning Department brings it back with the same recommendation.
Okay, I withdraw my motion and include the motion that Mr. Plummer
made. Let Plummer make the motion and I will second it.
Mr. Plummer: This is in relation to the ordinance now, is that what
we are speaking to?
Mayor Ferre: It is a motion of intent right now.
Mr. Plummer: Motion of intent, okay. Motion of intent is to send
Lots 4, 6, 7, 8 and 30 back to the Planning Board and approval of
Lot 5, as agreed upon in the modification in a voluntary covenant
by the owners.
Mr. Dawkins: Second.
Mayor Ferre: All right, call the roll on that one.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 83-1092
A MOTION OF INTENT OF THE CITY COMMISSION TO REFER
TO LOT 4 (POINT VIEW) BACK TO THE PLANNING ADVISORY
BOARD FOR FURTHER REVIEW. (SEE M-1091 REFERRING LOTS
6, 7, 8 AND 30 WHICH ALSO REFERRED SAID LOTS TO THE
PAB).
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer. Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
123
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r
Mayor Ferre: Now, read the ordinance. Now, is there a motion on
the ordinance for Lot 5?
Mr. Plummer: So moved.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Dawkins; Second.
Mayor Ferre: Second by Dawkins.
Mr. Plummer: As modified.
Mayor Ferre: As modified by the previous motion of intent. All
right, now read the ordinance.
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
LOT 5, BLOCK 2, POINT VIEW (2-93) MIAMI, FLORIDA, FROM
RG-3/7 GENERAL RESIDENTIAL TO RO-3/6 BY MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37
OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500,
BY REFERENCE AND DESCRIPTION IN ARTICLE 3 , SECTION 300,
THEREOF, CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
Passed on its first reading by title at the meeting of
October 27, 1983, it was taken up for its second and final reading by
title and adoption. On motion of Commissioner Plummer, seconded by
Commissioner Dawkins, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9758.
The City Attorney read the Ordinance into the public record and announced
that copies were available to the members of the City Commission and to
the public.
Ms. Cooper: This is referred back on the 7th to come back here on
the 15th, correct? Okay, thank you.
7 � �^fTnXIMawIm
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 7:30 P.M.
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
ld 124
CITY OF hril%ml
OL
DOCUMENT
MMETING DATE:
NOVEMBER 18, 1983
INDEX
DOCUMENT IDENTIFICATION ' COMMISSION RETRIEVAL
ACTiAN A'dD CODE NO.
ALLOCATING $20,000. FROM SPECIAL PROGRAMS IN SUPPORT OF
THE SALESMEN ASSOCIATION OF THE STATE OF FLORIDA'S
II INTER-AMERICAN CONFERENCE OF SALESMEN".
R-83-1066
ACCEPTING THE BID OF PESTONIT LANDSCAPING AND NURSERY
INC. FOR CITY WIDE COMMUNITY DEVELOPMENT TREE PLANTING.
PHASE III.
R-83-1067
APPOINTING INDIVIDUALS TO SERVE AS MEMBERS OF A
DESIGN REVIEW COMMITTEE WHICH WILL EVALUATE COMMERCIAL
ADVERTISING IN THE CITY OF MIAMI STREETS.
R-83-1071
REVERSING THE DECISION OF THE ZON114C BOARD AND DENYING A
CONDITIONAL USE AS LISTED IN ORDINANCE 6871.(AM000 OIL
COMPANY).
R-83-1073
REVERSING THE ZONING BOARD'S GRANT OF VARIANCE FROM
ORDINANCE NO. 6871.TENTATIVE PLAT #1151-D-3639
NORTHEAST MIAMI PLACE.
R-83-1074
A RESOLUTION ELECTING AND REAPPOINTING RALPH G. ONGIE AS
CITY CLERK OF THE CITY OF MIAMI TO HOLD OFFICE UNTIL THE
FIRST MEETING FOLLOWING THE NEXT GENERAL MUNICIPAL
ELECTION.
R-83-1075
A RESOLUTION GRANTING AN 8% COST -OF -LIVING INCREASE TO
THE CITY CLERK, RALPH G. ONGIE, EFFECTIVE OCTOBER 2, 1983.
R-83-1076
REAPPOINTING JOSE R. GARCIA-PEDROSA AS CITY ATTORNEY
OF THE CITY OF MIAMI.
R-83-1077
GRANTING AN 8% COST -OF -LIVING INCREASE TO THE CITY
ATTORNEY JOSE GARCIA-PEDROSA.
R-83-1078
CLOSING, VACATING THE PUBLIC USE OF THE ALLEY IN N.W.
14TH AVENUE AT NORTH[JEST 19TH STREET.
R-83-1080
GRANTING AN 8% COST OF LIVING INCREASE TO THE CITY
MANAGER HOWARD V. GARY.
R-83-1079
GRANTING A ONE YEAR EXTENSION OF CONDITIONAL USE AS LISTED
IN ORDINANCE NO. 6871 TO PERMIT CONSTRUCTION OF A 13-STORY
PARKING GARAGE AS PART OF A 36-STORY USE RETAIL GARAGE
OFFICE STRUCTURE CONNECTED TO THE CITY NATIONAL BANK
BUILDING.
R-83-1081
GRANTING ONE-YEAR EXTENSION OF A VARIANCE TO PER11IT
CONSTRUCTION OF A 36-STORY MIXED USE RETAIL/GARAGE
OFFICE STRUCTURE LOCATED AT 25 N.W. MIAMI COURT AND
25 WEST FLAGLER STREET.
R-83-1082
NDEXDOCUMENTI
CONTINUED PAGE #=
DOCUMENT IDENTIFICATION
EXTENDING RESOLUTION NO. 73-184, NUMBER OF PARKING SPACES
REQUIRED FOR A DEVELOPMENT LOCATED AT 801 SOUTH BAYSHORE
DRIVE. R-83-1083
ACCEPTING THE PLAT ENTITLED GENESIS SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI, ACCEPTING
THE DEDICATIONS SHOWN IN SAID PLAT. I R-83-1084
ALLOCATING $98,144. FOR FY '83-84
FEDERAL REVENUE SHARING FUNDS APPROPRIATED BY
PASSAGE OF ORDINANCE NO. 9684. 1 R-83-1085
ALLOCATING $175,000. FOR FY '83-84
FEDERAL REVENUE SHARING FUNDS APPROPRIATED
BY PASSAGE OF ORDINANCE NO. 9684. 1 R-83-1087
APPROVING IN PRINCIPLE THE PERMITTED USE BY ADJOINING
PROPERTY OWNERS OF THEIR TENANTS OF THE SIDEWALK PORTION
OF THE PUBLIC RICH -OF -WAY FOR THE PURPOSE OF DISPLAYING
GOODS AND WARES OFFERED FOR SALE ON THE PREMISES. I R-83-1088